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23 Jun 2016, 1:42 pm by Stuart Taylor
Stuart Taylor, Jr. is a Washington writer and coauthor, with Richard Sander, of Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It. [read post]
22 Jun 2016, 5:41 am by Matthew David Brozik
There’s not much, if anything, that’s novel about the matter of Guthrie v. [read post]
21 Jun 2016, 8:39 am by MBettman
(“[W]e employ a two-step test to determine whether a record is exempt as a confidential law enforcement record under R.C. 149.43: ‘First, is the record a confidential law enforcement record? [read post]
20 Jun 2016, 6:52 pm by Ronald Mann
The Court’s resolution of the problem was markedly matter of fact. [read post]
17 Jun 2016, 6:02 am by Kelly Phillips Erb
Olson of Gibson, Dunn & Crutcher (if that name sounds familiar, he successfully former President George W. [read post]
15 Jun 2016, 6:30 am by Kelly Phillips Erb
” No matter who goes on to win the election, he says, “Congress will decide what happens. [read post]
13 Jun 2016, 11:30 am by Rebecca Tushnet
As a practical matter, strict scrutiny means a lot of things will fail, and lots of false/misleading speech will be allowed, as w/libel. [read post]
13 Jun 2016, 10:55 am by Rebecca Tushnet
 Sullivan: advertisers take care of some of that; most brands aren’t interested in coming close to controversial subject matters. [read post]
13 Jun 2016, 9:23 am by Rebecca Tushnet
Live w/fact that advertising is commercial speech, but can’t say whatever they want based on any study, even w/disclaimers; FDA can’t say “you can’t say X until we review and approve. [read post]
13 Jun 2016, 8:04 am by Rebecca Tushnet
  Lawful, truthful, nonmisleading—then it got relatively strong protection, requiring substantial gov’t interest advanced by regulation, w/o unreasonable interference w/1A rights. [read post]
13 Jun 2016, 6:40 am by Rebecca Tushnet
  As a matter of theory they aren’t different. [read post]
10 Jun 2016, 9:16 am by Rebecca Tushnet
What motivates consumers w/r/t specific features versus entire collection of features/general reputation? [read post]
10 Jun 2016, 7:35 am by Rebecca Tushnet
  I don’t disagree w/idea that eBay should apply but have substantial concerns w/applications, particularly in 9th Cir. [read post]