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23 Jun 2023, 7:02 am by Howard Bashman
Kavanaugh delivered the opinion of the Court in United States v. [read post]
23 Jun 2023, 6:37 am by Noam Biale
United States that the government had to prove that the defendant knew he was an unlawful possessor of a firearm, an element not proven at Jones’s trial. [read post]
22 Jun 2023, 9:28 am by Michael C. Dorf
Justice Thomas cited last year's decision in Brown v. [read post]
21 Jun 2023, 12:28 pm by Josh Blackman
The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie. [read post]
21 Jun 2023, 6:38 am by Eric Goldman
Importantly, the Court’s discussion of the source-identifying function of trademarks, repeated emphasis on source confusion as the principal harm in trademark law (see, e.g., the type of confusion “most commonly in trademark law’s sights”, “the bête noire of trademark law”, and the “cardinal sin under the law”), and discussion of the United We Stand America opinion suggests the Justices may like Rogers’ focus on preventing uses… [read post]
21 Jun 2023, 4:30 am by Eric Segall
In fact, the State of Maryland allowed someone to sue on its behalf pursuant to state law in the landmark case of McCullough v. [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
Part V concludes with a report card on how the regime is doing on its thirtieth anniversary. [read post]
20 Jun 2023, 5:25 am by Kevin LaCroix
Thomas, in which the five dissenting judges stated that because “state courts lack jurisdiction to hear Exchange Act claims … the bylaw provision is a litigation bridge to nowhere, depriving shareholders of any forum in which to pursue derivative claims. [read post]
19 Jun 2023, 11:57 am by Ilya Somin
United States (2012), which established a multifactor balancing test for most flooding takings cases, in this article, published soon after the decision came down. [read post]