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9 Feb 2024, 1:28 pm by Josh Blackman
He did not necessarily defend the case as being correct as an original matter, but rather explained that Griffin's Case settled the matter. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
"But the Anderson litigants claim that they are encompassed within the meaning of the phrase 'office under the United States.'" As a matter of advocacy, lawyers should always be willing to acknowledge, if pressed, weaknesses in a position. [read post]
9 Feb 2024, 5:55 am by Tess Bridgeman
To search headlines and authors, expand one or all of the topics, as needed, and use CTRL-F on your keyboard to open the search tool. [read post]
8 Feb 2024, 10:18 am by Rebecca Tushnet
Amazon.com, Inc., 834 F.3d 220 (2d Cir. 2016), involved an order page like this:  Amazon adWhether Amazon provided sufficient notice, the Second Circuit held, could not be resolved as a matter of law. [read post]
7 Feb 2024, 7:57 am by Karen Gullo
If adopted in its current form, the proposed treaty would increase the risk that good faith security researchers could face prosecution, even when our goal is to enhance technological safety and educate the public on cybersecurity matters. [read post]
6 Feb 2024, 4:54 am by Will Baude
Recall that Stevens is arguing in defense of the total voting exclusion he wished to keep in the proposed amendment as section three, even though enforcing the voting ban would require implementing legislation concerning legislative apportionment, voter registration, and other such matters: The gentleman from Ohio [Mr. [read post]
5 Feb 2024, 10:06 am by Kevin LaCroix
” Specifically, the court found that “[t]he claims all arose out of SPCA’s alleged continuous harassing and discriminatory conduct and retaliation for the [underlying plaintiff’s] 2007 [complaint against SPCA]. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1]  [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words… [read post]
4 Feb 2024, 9:46 am by Joel R. Brandes
Charalambous, 627 F.3d 462, 469 (1st Cir. 2010) (“[T]he impact of any loss of contact with the [parent] is something that must be resolved by the courts of the Children’s habitual residence. [read post]
2 Feb 2024, 12:50 pm by Neil H. Buchanan
  In my column earlier this week discussing why societiess regulate businesses, I gingerly raised the issue of fact-checking in the context of an August 2023 claim by Robert F. [read post]
2 Feb 2024, 6:51 am by Dean Falvy
But if the presidency is not actually an “Office under the United States”, then Barack Obama and John F. [read post]