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First, it is focused quite directly on the law in action, suggesting that the true functional law is Lynch’s rather than that of the United States. [read post]

Balkinization - http://balkin.blogspot.com/

Was the Federal District Court Correct in Dismissing Disney’s Speech-Retaliation Case Against Florida Officials?

27 Feb 2024, 9:01 pm by Vikram David Amar, Jason Mazzone and Lena Shapiro

The court invoked language from the Supreme Court’s 1968 decision in United States v. [read post]

Verdict - http://verdict.justia.com/

Of Embryos, Elections, and Elephants: Are Rights Always Zero-Sum?

26 Feb 2024, 9:01 pm by Michael C. Dorf

Citizens United v. [read post]

Verdict - http://verdict.justia.com/

15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

23 Feb 2024, 1:43 pm by Rebecca Tushnet

Things can be source identifiers, without being commercial source identifiers (United We Stand): confusion but not dilution actionable Jack Daniel’s didn’t purport to decide the full scope of the “noncommercial” exclusion. [read post]

43(B)log - http://tushnet.blogspot.com/

In the Shadow of Oliver Wendell Holmes

13 Feb 2024, 6:30 am by Guest Blogger

He left the bulk of his estate to the United States.[2] He never explained what he expected the United States to do with the money, which was then the largest unrestricted gift ever made to the federal government.[3] “Taxes are the price we pay for civilized society,” he’d once written in a famous dissent.[4] Was the bequest a kind of tax he felt he owed the country? [read post]

Balkinization - http://balkin.blogspot.com/

The Long Life and Sudden Demise of Federal Wetlands Protection

7 Feb 2024, 7:45 am by Dan Farber

United States. [read post]

Legal Planet - https://legal-planet.org/

[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern

4 Feb 2024, 1:01 pm by Josh Blackman

Fund v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Jonathan H. Adler] Whether Chevron Stands or Falls, Any Deference Should Be Based Upon Delegation, Not Ambiguity

3 Feb 2024, 11:29 am by Jonathan H. Adler

Recall that in 2018, in Pereira v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Look Away: How the Supreme Court Could Set Aside Trump’s Disqualification for Insurrection under the Fourteenth Amendment

2 Feb 2024, 6:51 am by Dean Falvy

Supreme Court’s landmark decision in Trump v. [read post]

Verdict - http://verdict.justia.com/

Hunter’s Heroic Epic: Biden Files Motion Comparing Himself to Dead Romanovs and Ancient Greek Heroes

1 Feb 2024, 6:06 am by jonathanturley

Hunter v. [read post]

Jonathan Turley - https://jonathanturley.org/

“64. Federal vs. State Immigration Enforcement Under Arizona v. United States; The Supreme Court may soon be asked to revisit Justice Kennedy’s 2012 majority opinion reaffirming federal primacy over immigration; Doing so could have implications far beyond the U.S.-Mexico border.”

29 Jan 2024, 7:37 am by Howard Bashman

State Immigration Enforcement Under Arizona v. [read post]

How Appealing - http://howappealing.abovethelaw.com

Global Freedom of Expression, Columbia University: Newsletter, 14 January 2024

13 Jan 2024, 4:31 pm by INFORRM

United StatesUnited States v. [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions

12 Jan 2024, 12:30 pm by John Ross

But one claim can proceed—the one asserting that China hoarded personal-protective equipment (e.g., masks) and then sold lower-quality stuff to the United States. [read post]

The Volokh Conspiracy - http://www.volokh.com/

How the Supreme Court Could Rule Against Trump in the Colorado Case (and Why It Might Not Matter That Much)

5 Jan 2024, 6:40 pm by Mark Tushnet

Kennedy and Richard M. [read post]

Balkinization - http://balkin.blogspot.com/

[Steven Calabresi] Assessing the GOP Presidential Candidates Ten Days Before the Iowa Caucuses

5 Jan 2024, 4:36 pm by Steven Calabresi

Beyond that, the man should be allowed to fade into history and the United States should move on. [read post]

The Volokh Conspiracy - http://www.volokh.com/