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2 Jul 2012, 11:57 am
  Step one assesses whether Congress, in enacting legislation, has spoken unambiguously about an issue within the statute itself. [read post]
2 Jul 2012, 7:56 am by William Carleton
After reading Mark's post, the civics lesson on the American system of federalism that Roberts writes up at the outset his opinion (I don't mean that sarcastically; I still think it evidences a desire to be transparent and accountable) takes on even more resonance. [read post]
1 Jul 2012, 7:43 pm
It is true though — and I would agree — that Kennedy has stamped his mark on the federalism cases. [read post]
1 Jul 2012, 3:40 pm by David Post
Ante, at 32 (internal quotation marks omitted). [read post]
30 Jun 2012, 9:00 pm by David Orentlicher
I usually don’t agree with John Yoo, but his op-ed in this weekend’s Wall Street Journal is much closer to the mark than the commentaries likening Roberts’ opinion on the Affordable Care Act to that of John Marshall in Marbury v. [read post]
29 Jun 2012, 1:39 pm by Bruce E. Boyden
I, sec. 8, cl. 3, empowers Congress “[t]o regulate commerce . . . among the several states . . . . [read post]
29 Jun 2012, 11:30 am by ClearViewIP
After 3 packed days of seminars, meetings and expert panels, the IPBC 2012 has drawn to a close for another year, marking the end of a fantastic and successful event for the hosts Intellectual Asset Magazine and all who attended. [read post]
29 Jun 2012, 8:37 am by Brian Wolfman
(internal quotation marks omitted).That being so, I see no reason to undertake a Commerce Clause analy­sis that is not outcome determinative. [read post]
29 Jun 2012, 6:52 am by Shannon Cavers
Many people I come into contact with feel they need not worry about estate planning to reduce federal taxes because "they're not that rich". [read post]
28 Jun 2012, 11:40 am
Today marks the 19th anniversary of Kirk Bloodsworth's exoneration. [read post]
28 Jun 2012, 10:07 am by Tom Smith
SCOTUS has stuck a marker in the ground, or more like built a cairn, marking the boundary of what Congress can do with the commerce power -- they can't regulate inactivity, which would have meant regulating anything. [read post]
28 Jun 2012, 9:16 am by Rebecca Tushnet
  But trademark statutes are focused upon commercial and promotional activities that are likely to dilute the value of a mark. [read post]
27 Jun 2012, 6:06 pm by Kirk Jenkins
I recalled that comment this week while thinking about the Supreme Court’s recent decision in Elgin v. [read post]
26 Jun 2012, 6:47 pm
Obama’s choice marked a triumph of campaign posturing over pragmatism and diplomacy, and it brought U.S. [read post]
26 Jun 2012, 6:31 am
The Leahy-Smith America Invents Act ("AIA") was passed by Congress and signed into law in September 2011. [read post]