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23 Jun 2023, 6:55 am by John Elwood
United States, 22-800Issue: Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. [read post]
21 Jun 2023, 12:28 pm by Josh Blackman
The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie. [read post]
21 Jun 2023, 6:38 am by Eric Goldman
Importantly, the Court’s discussion of the source-identifying function of trademarks, repeated emphasis on source confusion as the principal harm in trademark law (see, e.g., the type of confusion “most commonly in trademark law’s sights”, “the bête noire of trademark law”, and the “cardinal sin under the law”), and discussion of the United We Stand America opinion suggests the Justices may like Rogers’ focus on preventing uses… [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
Part V concludes with a report card on how the regime is doing on its thirtieth anniversary. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
It was famously rejected in McCulloch v. [read post]
18 Jun 2023, 12:07 am by Frank Cranmer
The ET had erred in its approach because it had failed to engage with the question identified in Eweida and Ors v United Kingdom (2013) 57 EHRR 8; had it done so, it would have concluded that there was a close or direct nexus between her Facebook posts and her protected beliefs. [read post]
14 Jun 2023, 9:18 am by Kristin Johnson
Supreme Court just announced that it will weigh in on this case, Vidal v. [read post]
14 Jun 2023, 5:01 am by Eugene Volokh
& C. 4th 251, 257 (2003), or that the TV program Born Innocent led some underage viewers to sexually attack a small child in copying a scene shown on the program, Olivia N. v. [read post]