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8 Jul 2019, 8:09 pm by Jonathan H. Adler
—4/1/19 Fifth Circuit Adds New Wrinkle to Texas ACA Case—6/26/19 The ACA Cases Continue, 7/1/19 University of Michigan law professor Nicholas Bagley, with whom I sparred regularly over King v. [read post]
7 Jul 2019, 5:48 am by Howard Friedman
Safley test should be applied to Establishment Clause claims.Judge King joined all of Judge Owen's opinion except for the Establishment Clause section. [read post]
4 Jul 2019, 6:30 am by Randy Barnett
And it forms the basis for Martin Luther King's metaphor of the civil rights movement as a promissory note that a later generation has come to collect. [read post]
1 Jul 2019, 8:09 am by Jonathan H. Adler
The panel hearing the case (announced this morning) consists of Senior Judge Carolyn Dineen King, Judge Jennifer Walker Elrod, and Judge Kurt D. [read post]
28 Jun 2019, 11:54 am by Steve Minor
City of Warren Police and Fire Retirement System, the Fourth Circuit in a decision by Judge King, joined by Judge Thacker, and with Judge Motz dissenting, reversed the decision of the District Court in South Carolina regarding the removability under the Class Action Fairness Act of two class action cases filed in state court in South Carolina. [read post]
20 Jun 2019, 2:59 pm by Joy Waltemath
Employers have also gone to court in hopes of convincing a judge to order a union to deflate the rat. [read post]
11 Jun 2019, 1:34 pm by Steve Minor
Maryland Department of Public Safety, the Fourth Circuit in an opinion by Judge King joined by Judges Motz and Wynn held that the District Court's ruling that the State of Maryland had waived its Eleventh Amendment protection from being subject to suit in federal court under Maryland's Fair Employment Practice Act was immediately appealable and also wrong.I was thinking about this kind of issue recently in connection with "local" school boards… [read post]
10 Jun 2019, 6:30 am by Dan Ernst
[The Historical Society of the District of Columbia Circuit has an excellent collection of oral histories of lawyers and judges active in the circuit. [read post]
7 Jun 2019, 3:00 am by Jim Sedor
National/Federal A ‘Bridge’ to China, and Her Family’s Business, in the Trump Cabinet MSN – Michael Forsythe, Eric Lipton, Keith Bradsher, and Sui-Lee Wee (New York Times) | Published: 6/2/2019 Transportation Secretary Elaine Chao has no formal affiliation or stake in her family’s shipping business, Foremost Group, which has deep ties to the economic and political elite in China. [read post]
6 Jun 2019, 9:02 am by Rebecca Tushnet
[Note that the Ninth Circuit just uses Rogers even when the plaintiff’s mark is for expressive works too; I think this is probably the better approach, at the very least for the content of works as this use is—the picture appeared in the middle of the story.]Notably, nominative fair use was no help to defendants because of the Second Circuit’s bizarre loading of the NFU factors into the usual multifactor test in IISSCC. [read post]
31 May 2019, 6:00 am by Guest Blogger
  When Biskupic asserts that Roberts’ opinion was “incoherent” legally, and that he acted more like a politician than a judge, she is simply reiterating what has been widely accepted as fact. [read post]
30 May 2019, 6:00 am by Guest Blogger
  In 2011, Sixth Circuit Judge Jeffrey Sutton (during oral argument) and then-D.C. [read post]
24 May 2019, 3:00 am by Jim Sedor
Circuit Court Judge David Tatel noting Congress created donation limits to avoid political corruption, even in death. [read post]
21 May 2019, 12:34 pm by Caroline Lee
 City of Saginaw Is Not Binding Law in the Ninth Circuit and Was Wrongly Decided First, it is important to remember that the Sixth Circuit’s decision in City of Saginaw does not bind either California state courts or federal district courts in the Ninth Circuit. [read post]
20 May 2019, 4:09 am by Edith Roberts
Briefly: At E&E News, Pamela King reports on Lynda Like v. [read post]
19 May 2019, 1:05 pm
USPTO, February 4, 2019, Docket No. 17-2458 and 17-2459, Circuit Judge Duncan, Published Opinion) [read post]
17 May 2019, 1:07 pm by Immigration Prof
Court of Appeals for the Fourth Circuit, in an opinion by Judge Albert Diaz, joined by Judges Robert King, with Julius N. [read post]
16 May 2019, 5:00 am by Keith Whittington
Prominent schools could land Oprah Winfrey, Helen Mirren, Will Ferrell, Billie Jean King, and Julius Erving. [read post]