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[Josh Blackman] A Response to Professor John Mikhail on "Officers of the United States"—Part II

22 Feb 2024, 2:04 pm by Josh Blackman

[The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship. [read post]

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

[Eugene Volokh] Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases

21 Feb 2024, 7:46 am by Eugene Volokh

See James v. [read post]

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

[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"

8 Feb 2024, 9:36 am by Eugene Volokh

If A conspires with B who conspires with C, all are linked in one conspiracy—even if A does not even know that C exists (and vice versa) and even if their specific plans diverge in many details.[23] (This is why the Amar brief repeatedly speaks of, for example, "Floyd and other top officials" and "Floyd and his allies. [read post]

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

A User’s Guide to Trump v. Anderson, Part Six: The Two “Off-Ramp” Arguments Based Upon In re Griffin’s Case that Would Allow the Supreme Court to Avoid Deciding Whether Trump is Eligible to be President

6 Feb 2024, 3:36 pm by Marty Lederman

” 11 F. [read post]

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

A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”

3 Feb 2024, 9:52 am by Marty Lederman

In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]

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

SEC Commissioner Dissents from Denial of Petition to Change No-Admit, No-Deny Policy

30 Jan 2024, 9:02 pm by renholding

”[5] Finally, the Commission’s mandatory language states that “[i]f Defendant breaches this agreement, the Commission may petition the Court to vacate the Final Judgment and restore this action to its active docket. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Race to the Finish: Timing Battles in Parallel IPR and District Court Litigation

29 Jan 2024, 2:19 pm by Dennis Crouch

Liquidia Techs., Inc., 74 F.4th 1360 (Fed. [read post]

Patently-O - https://patentlyo.com

When Can the State Use Testimony from the Probable Cause Hearing at Trial?

24 Jan 2024, 5:07 am by Daniel Spiegel

Comparison with Ross and Joyner The Smith Court considered State v. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

Federal Circuit Upholds PTAB’s Obviousness Finding and Joinder Decision in CyWee v. ZTE Smartphone Patent Case

18 Jan 2024, 9:26 am by Dennis Crouch

Smith & Nephew, Inc., 35 F.4th 1328 (Fed. [read post]