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23 Sep 2022, 11:20 am
So, responses to all written discovery as well as document production indexes (repeated from the master notebook). [read post]
23 Sep 2022, 8:21 am
If a package said its contents were “drinkable” I definitely wouldn’t think “well, it’s drinkable, but I’m unlikely to be able to drink it. [read post]
23 Sep 2022, 6:30 am
Thompson (Georgetown University Law Center), and Harwell Wells (Temple University – James E. [read post]
23 Sep 2022, 6:30 am
” Setting aside my own clear recollections of pronouncements that seemed extremely well informed by requisite knowledge, there is something very Tocquevillian about this remark, as arguably the Frenchman’s comparative advantage was his capacity for producing trans-nationally derived insights that were germane to the constitutional condition of his home country. [read post]
23 Sep 2022, 5:01 am
These newly released memoranda cover the scope and nature of executive privilege as well as the question of how constitutional disagreement between Congress and the executive branch about privilege can and should be resolved. [read post]
23 Sep 2022, 5:01 am
Two areas are frequently offered as holding particular promise—as well as being less likely than direct regulation to raise First Amendment issues: (1) increasing transparency about the types and extent of election misinformation that reaches voters and (2) supporting self-regulation by entities that serve as conduits for the dissemination of the speech of others, especially social media platforms. [* * *] However, transparency is not a panacea and there are reasons to think that as… [read post]
23 Sep 2022, 4:00 am
The decision by a three-judge panel of the appeals court marks a victory for the Justice Department in its legal battle with Trump over access to the evidence to determine if the former president or his advisers mishandled national security secrets or hid or destroyed government records. [read post]
22 Sep 2022, 5:46 pm
Argument: is the argument clear, compelling, well-developed and supported by evidence? [read post]
22 Sep 2022, 3:29 pm
The Eleventh Circuit saw things, well, differently—starting with the first factor, which is whether the government displayed a “callous disregard” for constitutional rights in seizing the material in question. [read post]
22 Sep 2022, 12:49 pm
It must actually address the likely concerns of not just the trademark owners but the consumers as well. [read post]
22 Sep 2022, 8:48 am
What seems to be missing in their presentations is a dose of humility and pragmatism, as well as appreciation for consumer welfare (scarcely mentioned in the agency heads’ presentations). [read post]
22 Sep 2022, 8:00 am
Along the way, racial justice advocates left their mark on administrative law, including an underappreciated role in administrative law's participatory turn. [read post]
22 Sep 2022, 7:00 am
Despite its shortcomings, the Court’s decision marks an important turning point for several reasons. [read post]
22 Sep 2022, 6:47 am
“Looking ahead, all of these factors could well get worse before they get better. [read post]
22 Sep 2022, 6:34 am
You should slow down well before the traffic circle and maintain that speed through the roundabout. [read post]
22 Sep 2022, 6:30 am
The vast majority of these settings lie well beyond the contours of the oft-studied comparative constitutional “canon. [read post]
22 Sep 2022, 6:17 am
James concluded that Trump and his family business violated several state criminal laws and “plausibly” broke federal criminal laws as well. [read post]
22 Sep 2022, 4:00 am
That is clearly not going to go over well with the courts. [read post]
21 Sep 2022, 1:59 pm
Mike Crapo, R-Idaho, and Mark Warner, D-Va. [read post]
21 Sep 2022, 12:44 pm
Gutierrez represented Syed at this trial as well. [read post]
