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22 Nov 2022, 6:50 am
Where relevance need be merely “above zero” – which is to say, relevance can be scant or de minimis – it is difficult to imagine what creative junior use would not pass the Rogers test. [read post]
22 Nov 2022, 4:30 am
Imagine that states could opt in to a federal program—say, universal basic income or Medicare for All—on the condition that they alone foot a higher tax bill to pay for the plan. [read post]
22 Nov 2022, 3:00 am
If the fans from Ecuador are unhappy about the ban, imagine how unhappy Budweiser — who paid $75 million to sponsor the World Cup — must be. [read post]
21 Nov 2022, 4:44 pm
The news of Judge Laurence Silberman’s passing on October 2 spurred a wave of remembrances from colleagues, admirers, former proteges, Supreme Court justices, and many more. [read post]
21 Nov 2022, 2:28 pm
By Atreya Mathur Credit: DALL·E 2; text prompts (left to right): painting of a robot holding justice scales; painting of a robot-artist painting flowers; painting of a robot reading a law bookWhat does it take to be an artist in the 21st century? [read post]
21 Nov 2022, 2:28 pm
By Atreya Mathur Credit: DALL·E 2; text prompts (left to right): painting of a robot holding justice scales; painting of a robot-artist painting flowers; painting of a robot reading a law bookWhat does it take to be an artist in the 21st century? [read post]
21 Nov 2022, 1:17 pm
But, for me, one who is also a highly trained and experienced collaborative lawyer, I have found a very special place that at age 23 I could never have imagined at the University of Texas School of Law or envisioned as a young or middle-aged trial lawyer. [read post]
21 Nov 2022, 12:26 pm
However, as you can imagine, such losses can be difficult to prove. [read post]
21 Nov 2022, 12:04 pm
With this said, it’s easy to imagine the legal woes involved in recovering for damages and losses when a police vehicle is found at fault for an accident. [read post]
21 Nov 2022, 11:20 am
Imagine you are one such organization. [read post]
21 Nov 2022, 10:49 am
” The court couldn’t imagine how this page would support any of the plaintiffs’ claims, especially since the plaintiffs’ submissions omitted the page footer and its prominent Google logo, undercutting any misleadingness argument. [read post]
21 Nov 2022, 6:30 am
She reminds us that radical political ideas advance by triggering the imagination as well as the rational mind. [read post]
21 Nov 2022, 6:01 am
” Indeed, politicians are not the only imagined enemies of people like DePape. [read post]
21 Nov 2022, 5:16 am
During the Republic’s first 41 presidencies (Washington through Bush I), there were only two presidential impeachment episodes, both of them weighty. [read post]
21 Nov 2022, 5:09 am
And while Bostock itself applies a textualist methodology, we can imagine a future Court that overrules Bostock agreeing with Justice Alito's dissent in Bostock, which asserts that the majority opinion of Justice Gorsuch "sails under a textualist flag" but "is like a pirate ship. [read post]
21 Nov 2022, 3:00 am
It is easy to imagine circumstances that lean one way or the other. [read post]
20 Nov 2022, 9:07 pm
In the process, deregulatory initiatives “transformed” NPU law, and its animating concepts dropped out of the legal and political imagination. [read post]
Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine
20 Nov 2022, 9:00 pm
Born of Breyer’s proposal to bring nuance into judicial review of agency action, the doctrine has taken on a life of its own much different than what he imagined. [read post]
20 Nov 2022, 9:00 pm
”But, Camus suggested, “if people are shown the machine, made to touch the wood and steel and to hear the sound of a head falling, then public imagination, suddenly awakened, will repudiate both the vocabulary and the penalty. [read post]
20 Nov 2022, 1:33 pm
The deputy judge heard a lot of evidence about two countrymen leading lives that it may be difficult for many city-dwellers to imagine—taciturn and undemonstrative men committed to a life of hard and unrelenting physical work, by day and sometimes by night, largely unrelieved by recreation or female company. [read post]
