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21 Aug 2020, 3:00 am by Jim Sedor
‘Gosh, I Basically Cover the Campaign from My Couch’ Politico – Eli Okun and John Harris | Published: 8/13/2020 Four years ago, after most journalists were caught surprised by Donald Trump’s victory, there was an almost universal critique about how the profession needed to do better next time. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
Gerhardt, The Power of Precedent (Oxford 2008) Robert Bennett & Lawrence Solum, Constitutional Originalism (Cornell 2011) Gary L McDowell, The Language of Law & the Foundations of American Constitutionalism (Cambridge 2010) Eric Segall, Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges (Praeger 2012) Michael Greve, The Upside-Down Constitution (Harvard 2012) Alexander Tsesis, The Thirteenth Amendment and American Freedom (NYU 2004) 2011: H.… [read post]
13 Aug 2020, 4:03 pm by Charles Sartain
A word about relying on “precedent” (This is not about you, John Roberts) Each lease must be construed in accordance with its unique language. [read post]
10 Aug 2020, 2:24 am by Schachtman
Starting in 1964, Johns-Manville Corporation, the major manufacturer of asbestos-containing insulation, started warning. [read post]
22 Jul 2020, 1:12 pm by Ilya Somin
Hawaii, Chief Justice John Roberts' majority opinion interpreted this as giving the president the power to exclude almost any alien he wants, so long as he makes a finding that the person's presence is "detrimental to the interests" of the US. [read post]
20 Jul 2020, 4:12 am
Below I explain in detail how the USPTO and courts can use this trademark doctrine to safeguard the public domain—the words and symbols companies can use in connection with the advertising and sale of their products—against efforts to claim trademark rights in memes, offensive terms and symbols, words and designs commonly used in an industry, and other widely used messages and product features that were inherently valuable in the marketplace before people tried to register and… [read post]
16 Jul 2020, 9:00 pm by Joanna L. Grossman
There has been a nine-year battle over whether employers who provide insurance must include prescription contraceptives at no cost to the patients. [read post]