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15 Mar 2010, 2:59 pm by annalthouse@gmail.com (Ann Althouse)
") I hope that if you think that, you also agree — and many don't — with what Justice Scalia said at oral argument in Salazar v. [read post]
15 Mar 2010, 11:11 am by South Florida Lawyers
While true that “it is not necessary that [a plaintiff] first expose himself to actual arrest or prosecution to be entitled to challenge a statute that he claims deters the exercise of his constitutional rights,” Steffel v. [read post]
14 Mar 2010, 7:16 pm by Lawrence Solum
No amount of scepticism about the fertility of a theory can deter its use unless the sceptic can point to another route by which the scientific problem of regulation can be studied successfully.Variations  If you've been paying close attention, you will have noticed that Scalia and Stigler were making very different arguments--relying on different premises and with only a surface level similarity. [read post]
The Board further introduced evidence that, should such information become known, institutions would be deterred from accessing the Fed Lending Programs out of fear that depositors, counterparties and other market participants may stigmatize them as financially unsound. [read post]
6 Mar 2010, 5:00 pm by Lawrence Solum
Flores, 521 U.S. 507 (1997) and United States v. [read post]
5 Mar 2010, 9:40 am by Larry Downes
The real point of all this legal posturing is to obtain cross-licenses that will ultimately deter new competitors from entering the market. [read post]