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30 Nov 2023, 4:28 am by Ronald Mann
Justice Clarence Thomas, for example, has staked out a position in prior cases that the “public rights” doctrine – the idea that agencies can adjudicate “public” rights without a jury – cannot apply to any matter depriving an individual of property, so it would be surprising if he accepted the government’s argument here. [read post]
30 Nov 2023, 2:15 am by David Pocklington
Review of the ecclesiastical court judgments during November 2023 Eleven consistory court judgments were circulated in November and relate to reordering, exhumation, and churchyards. [read post]
29 Nov 2023, 10:46 am by Sasha Volokh
 . and if (as Justices Alito and Thomas say) private parties can't exercise federal power because they're not within the government . [read post]
28 Nov 2023, 5:49 am by Nathan Dorn
The philosopher Arthur Schopenhauer (1788-1860) once reflected on the persistence of the ethos of knightly honor, which meant for him people who were, in the 19th century, still disposed to engage in dueling, or a private act of combat to settle a matter of slighted respect. [read post]
27 Nov 2023, 6:00 pm by Stephen Halbrook
  Justice Thomas was concerned with the distinction between being convicted of a crime and issuance of a protective order, where a "civil court is making the determination. [read post]
27 Nov 2023, 9:00 am by Sasha Volokh
  This can raise Article I Nondelegation Doctrine issues if the incorporation is dynamic, i.e., if the rules are binding no matter how they might change in the future. [read post]
27 Nov 2023, 8:07 am by Eric Goldman
Of course, the Lanham Act provisions in Section 2(a) banning registration of disparaging, immoral, and scandalous matter also did not restrict the speech of Simon Tam and Erik Brunetti. [read post]
27 Nov 2023, 2:36 am by Eleonora Rosati
Tesco’s only consolation prize was its success at knocking out a number of repeat logo filings by Lidl on the grounds of evergreening and bad faith.This one is almost certainly on its way to the Court of Appeal (where it has already been on an interlocutory matter covered in Volume 12). [read post]
27 Nov 2023, 2:15 am by INFORRM
On Tuesday 21 November 2023, Counsel for the claimants in Lawrence & Ors v Associated Newspapers Ltd (ANL) told the High Court that they intend to ask ministers for permission to use confidential Leveson Inquiry documents in their legal action against the publisher of the Daily Mail. [read post]
24 Nov 2023, 9:32 am by Eugene Volokh
Anderson, decided Wednesday by Seventh Circuit Judges Frank Easterbrook, Michael Brennan, and Thomas L. [read post]
23 Nov 2023, 10:41 am by Russell Knight
” 750 ILCS 5/403(d) “The general equitable rule is that all persons possessing a substantial legal or beneficial interest in the matter being litigated and who will be affected by the decree must be made parties. [read post]
22 Nov 2023, 9:15 pm by Unknown
Meet up with people who matter to you. [read post]
22 Nov 2023, 3:58 pm by Petrelli Previtera, LLC
Our managing partner, Thomas Petrelli, Jr., has received the highest possible rating of 10/10 from Avvo. [read post]
21 Nov 2023, 1:24 pm by Petrelli Previtera, LLC
Founding and managing partner Thomas Petrelli, Jr. has received Avvo’s highest possible rating of 10/10. [read post]
21 Nov 2023, 4:49 am by Jack Sharman
(I realize Thomas Wolfe can be florid and adolescent, but so can Thanksgiving). [read post]