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21 Mar 2019, 10:43 am by Rebecca Tushnet
” Here, defendants took only “discrete elements”: “cross-hatching, object placements, certain distinctive facial features, lines written in anapestic tetrameter. [read post]
18 Nov 2014, 9:51 am
The Court held that Appellant should not have to testify in order to present the defense, but instead can cross-examine other witnesses. 13. [read post]
21 May 2014, 4:46 am
In February of 2009, “Michael David Scott was informed that he was the target of a federal investigation into alleged mortgage lending fraud. [read post]
27 Sep 2014, 8:10 am
    News Cameron to Nail 'Myths' About TTIP Leading To NHS PrivatisationUK Prime Minister David Cameron asserts that moving forward on TTIP is essential, stating that “our national security is also really dependent on our economic security,” according to the Huffington Post UK. [read post]
13 Jan 2025, 5:33 am by ernst
[For the exam in my legal history class, I write an essay about some administrative regime that we did not cover but that developed in ways analogous to those that we did. [read post]
13 Nov 2024, 4:15 pm
In response to this...questionable claim, David Weisberg warned against a "Paradox of Originalism," in which discussion of a historical definition of a term requires inquiries into the historical meaning of the definition and its terms--which continues ad infinitum. [read post]
26 Jun 2020, 6:30 am by Guest Blogger
I have some questions about whether these approaches can be combined in this way, but I leave that issue aside.What about David Strauss’s version of Living Constitutionalism? [read post]
20 Apr 2016, 10:20 am by Marty Lederman
Monday’s oral argument in the DAPA case confirmed what I’ve tried to explain in several previous postsabout the substantive merits of the case:  Although Texas's lawsuit was originally focused on the alleged illegality of DHS’s provisional decision not to remove DAPA-qualified aliens, Texas now concedes that such forbearance of removal is lawful, at least as long as Congress only appropriates funds for DHS to remove 400,000 of the eleven million removable aliens in the… [read post]
4 Jun 2018, 1:25 pm by Eugene Volokh
The main question raised in Masterpiece Cakeshop had to do with the Free Speech Clause, and the prohibition on "compelled speech": Would requiring a baker to make a wedding cake for a same-sex wedding (even one without specific wording or symbolism, such as a rainbow design) be compelling the baker to engage in speech, and thus violate the First Amendment? [read post]
11 Oct 2020, 6:30 am by Sandy Levinson
For the Balkinization Symposium on  Alexander Keyssar, Why Do We Still Have the Electoral College? [read post]
9 Apr 2015, 11:59 am by Lawrence B. Ebert
Chien, Of Trolls, Davids, Goliaths, and Kings: Narratives and Evidence in the Litigation of High-Tech Patents, 87 N.C. [read post]
2 Nov 2023, 1:46 pm by Neil H. Buchanan
"  She had a further response to the issue of trucks crossing into Gaza, but the point here is that, as Bashi pointed out, the shutoff of water and electricity was unjustified, even under the most generous interpretation of the situation.Again, my almost immediate realization that the October 7 attacks would be used to justify horrible things turned out to be true. [read post]
3 Apr 2014, 2:58 pm by Joey Fishkin
In yesterday’s big campaign finance case, McCutcheon v. [read post]
16 Feb 2024, 10:23 am by Rebecca Tushnet
David Smith dispute: masculine abstract expressionist, Cubi XII, April 7, 1963. 109 5/8 by 49 ¼ by 32 ¼ inches; Lauren Clay, No side to fall into, 2012 paper and acrylic, 18 ½ by 7 by 3 inches—triggered a C&D. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
In this regard, Jill Lepore’s fine discussion of Adkins should be compared to David Bernstein’s. [read post]
25 Jul 2024, 10:39 am
Within the discursive battleground for democracy within the United States, David From (writing for the Atlantic) came closest to the ancient discursive tropes lurking just beneath the surface. [read post]
20 May 2016, 10:07 am by Rebecca Tushnet
 Lipton: if army pretends to be journalists, journalists aren’t safe; military can’t use red crosses on military vehicles—it’s destructive to the larger enterprise. [read post]