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12 Aug 2022, 12:57 pm by Rebecca Tushnet
Chatterjee: There are non elitist critiques about how to evaluate pleasures and compare them in intensity as well as quality; suspicious of those w/normative critiques of preference satisfaction will be satisfied with a story that ties democracy/speech’s value to the fact that they’re pleasurable any more than tying them to the claim that we prefer them b/c that’s missing the point from their perspective: they matter as independent goods. [read post]
12 Aug 2022, 10:43 am by Rebecca Tushnet
A: could distinguish university research b/c it’s not products and services. [read post]
11 Aug 2022, 5:49 pm by Rebecca Tushnet
That’s a good example b/c it’s a completely made-up language; she thinks that GvO indicates that users’ investment in constructing programs within the language matters. [read post]
11 Aug 2022, 3:41 pm by Rebecca Tushnet
Social uses are similarly aspirational but less meaningless b/c they have discursive meaning. [read post]
11 Aug 2022, 12:53 pm by Rebecca Tushnet
Respondents say that endorsing a politician matters to them. [read post]
9 Aug 2022, 9:15 am by Eugene Volokh
Mass. 2014) (stating that "[t]he publication of true but historical facts (even if outdated) about a person cannot be defamatory as a matter of law"). [read post]
4 Aug 2022, 10:53 am by Hyland Hunt
A case that will matter to labor lawyers is the latest issuance in the long-running Browning-Ferris ping pong match between the D.C. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
31 Jul 2022, 9:01 pm by Leslie C. Griffin
Ministers almost always lose, no matter what happened to them.Another Schoolteacher Minister LosesYou just read it a few paragraphs ago: “[w]hat matters, at bottom, is what an employee does. [read post]
27 Jul 2022, 10:35 am by Guest Author
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
26 Jul 2022, 10:44 am by Greg Lambert and Marlene Gebauer
HyperDraft’s Tony Thai knew he could produce a better method of practicing law and producing legal documents. [read post]
20 Jul 2022, 6:22 pm by Ilya Somin
  And as a policy matter, the cost is far outweighed by the chaos and injustice that would be caused by allowing one state to nullify another state's existing legal marriage. [read post]
19 Jul 2022, 2:59 pm by Kevin LaCroix
In the following guest post, the authors revisit the question of whether or not securities class action lawsuits against development-stage biotech companies are likelier to survive a motion to dismiss compared to securities suits against other kinds of companies. [read post]
18 Jul 2022, 4:05 am by Andrew Lavoott Bluestone
Here, the first cause of action adequately pleaded a claim to recover damages for violations of Judiciary Law § 487 (see Bianco v Law Offs. of Yuri Prakhin, 189 AD3d at 1329), as it alleged that the defendants Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP (hereinafter the law firm), Howard Fensterman, and Sarah C. [read post]
12 Jul 2022, 12:14 am by Roel van Woudenberg
The examining division decided that the subject-matter of claim 1 of the main request and first to fifth auxiliary requests lacked inventive step over documents D4 and D5 "forming a single piece of prior art disclosing the use of 'Spotlight' on 'Mac OS X'", in combination with common general knowledge and notoriously known features. [read post]
6 Jul 2022, 7:02 am by Bernard Bell
[w]ho are we to say whether government action has an ‘objective’ impact on religious observance or merely ‘diminishes [a worshipper’s] subjective spiritual fulfillment’”? [read post]
5 Jul 2022, 9:01 pm by Michael C. Dorf
Meanwhile, Ely thought Roe was wrong as an initial matter, but he also thought that Planned Parenthood v. [read post]