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  The Court further explained that the Lanham Act “speaks often and expressly about mental states,” such that “[t]he absence of any such standing in the provision before [the Court] seems all the more telling. [read post]
23 Apr 2020, 10:41 am by Peter Margulies
§ 1182(f) of the Immigration and Nationality Act (INA), which authorizes the president to bar entry of foreign nationals “detrimental to the interests of the United States”—the same provision that Trump used for his travel ban, which the Supreme Court upheld in Trump v. [read post]
23 Apr 2020, 9:43 am by Ronald Mann
All of which, he continues, makes “[t]he absence of any such standard in the provision before us … see[m] all the more telling. [read post]
22 Apr 2020, 2:46 am by Orin S. Kerr
One of the fascinating questions raised by the United States Supreme Court's 2018 decision in Carpenter v. [read post]
21 Apr 2020, 4:41 pm
  The first is the filing of a lawsuit in federal court by the Governor of Missouri against the People's Republic of China, the Chinese Communist Party and other organs (Missouri v, People's Republic of China). [read post]
21 Apr 2020, 5:00 am by Josh Blackman
And this decision tells us a lot about how the Justices approach stare decisis. [read post]
20 Apr 2020, 2:51 pm
  The state can surely respond to that by charging Mr. [read post]
20 Apr 2020, 6:30 am by Sandy Levinson
  Just as importantly, perhaps, states perturbed by the undoubtedly correct decision by the Supreme Court in Chisholm v. [read post]
20 Apr 2020, 3:15 am by Walter Olson
American Association of Political Consultants] From before the crisis, hate speech mini-roundup: Connecticut state agency sees it as part of its mission to defend an unconstitutional “racial ridicule” law enacted in 1917 [Volokh] “Hundreds of Scots who tell ‘offensive jokes’ on social media are being secretly logged on police database” [Ruth Warrander, Scottish Sun] Bad proposal in U.K. to give communications regulator authority to address… [read post]
19 Apr 2020, 8:32 am by Eugene Volokh
But that's just my conjecture: Tell me what you think, in the comments. [read post]