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20 Feb 2017, 11:45 am by Steve Baird
Although Ron was able to convince an eager Court of Appeals for the Federal Circuit, I continue to believe the Supreme Court will conclude otherwise and uphold Section 2(a) as a reasonable limit on access to a government program rather than a restriction on speech, because the registration denial does not limit Mr. [read post]
13 Feb 2017, 1:18 pm by Josh Blackman
A colloquy during the oral arguments illustrates the panel’s eagerness to prematurely reach these difficult constitutional questions, in the absence of a balanced evidentiary record. [read post]
1 Feb 2017, 2:01 pm by Howard Knopf
The FCA states that:[19] It is not disputed that if Circum’s calculations had been accepted, this would represent a sizeable increase in the royalties to be paid to Access, which it estimates to represent approximately $500,000.00 per year, or $3 million dollars over the two tariff periods. [read post]
1 Feb 2017, 2:01 pm by Howard Knopf
The FCA states that:[19] It is not disputed that if Circum’s calculations had been accepted, this would represent a sizeable increase in the royalties to be paid to Access, which it estimates to represent approximately $500,000.00 per year, or $3 million dollars over the two tariff periods. [read post]
16 Jan 2017, 6:15 am by Shahid Buttar
Even more dangerous is the specter of its potential politicization, given Trump’s campaign statements reflecting his seeming eagerness to use state intelligence to advance his own political ends. [read post]
11 Jan 2017, 9:01 am by Tejinder Singh
Insofar as the case tells us anything about Colloton’s views about federalism, it indicates that he is not eager to reach commerce clause questions if he does not have to. [read post]
10 Dec 2016, 8:22 pm by Caesar and Napoli, P.C.
“United States Court of Appeals for the Ninth Circuit: Abdul Kadir Mohamed… v. [read post]
10 Dec 2016, 8:22 pm by Caesar and Napoli, P.C.
“United States Court of Appeals for the Ninth Circuit: Abdul Kadir Mohamed… v. [read post]
3 Dec 2016, 7:43 pm
 This post considers the constitutional referendum in broader context of the techniques and management of democratic engagement in Western liberal states. [read post]
1 Nov 2016, 3:49 am by Edith Roberts
First up is State Farm Fire & Casualty Co. v. [read post]
17 Oct 2016, 6:24 am by David Post
The president of the United States has awesome power — quite literally, the power to blow us all to smithereens. [read post]
4 Oct 2016, 5:15 am by Edith Roberts
United States and Shaw v. [read post]