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25 Mar 2024, 10:47 am
Here, of course, I want to examine abridging and prohibiting. [read post]
25 Mar 2024, 9:32 am
In his Report of 1800, James Madison,one of the leading framers of the Constitution, responded to claims that the Guarantee Clause authorized the notorious Alien and Sedition Acts of 1798 by emphasizing that "[i]nvasion is an operation of war,"and thus the Clause does not authorize restrictions on immigration. [read post]
25 Mar 2024, 9:24 am
I know the Ninth Circuit was trying to be nice; indeed, generous. [read post]
25 Mar 2024, 8:41 am
But the current approach does not work and impedes conduct being pleaded and pursued. [read post]
25 Mar 2024, 8:11 am
This Essay argues that she does. [read post]
25 Mar 2024, 7:57 am
” The amendments would further specify that the Public Resources Code does not create any mandate to approve oil extraction, and in fact requires CalGEM to minimize harm from extraction activities. [read post]
25 Mar 2024, 7:47 am
I’ll give you an example from a recent Third Circuit opinion. [read post]
25 Mar 2024, 7:00 am
” Merely because the images might convey “an ideological or provocative message” does not make them nonfactual: A fact does not become “value-laden” merely because the fact drives a reaction. [read post]
25 Mar 2024, 6:53 am
For the sake of brevity of this post I do not iterate the detailed facts of the case, but solely outline in general the situation at hand to illustrate the final outcome of the case. [read post]
25 Mar 2024, 6:05 am
People in Gaza are being starved to death. [read post]
25 Mar 2024, 5:30 am
This book — Patent Law: Fundamentals of Doctrine and Policy (Carolina Academic Press) — does a great job of using cases to illustrate key points, but often provides descriptive text and problems, and does so in a practical and concise way, and a way geared toward current learning trends. [read post]
25 Mar 2024, 5:01 am
But in the short term I am more interested in how this will play out in U.S. agency decisions and domestic court appeals. [read post]
25 Mar 2024, 5:01 am
Last month, I wrote about a Fourth Circuit decision in Doe v. [read post]
25 Mar 2024, 4:43 am
(I haven't seen it here, but maybe somebody does it.) [read post]
25 Mar 2024, 4:36 am
As I discuss below, the responsive brief does an excellent job of responding to Vanda’s arguments and suggesting that this case is not the right “vehicle” for SCOTUS review. [read post]
25 Mar 2024, 4:00 am
The answer is almost certainly no (with the caveat that standing is what standing does). [read post]
25 Mar 2024, 3:50 am
I’m not a collections lawyer, and I don’t play one on TV, but I’ve known enough of them to be acutely aware of the complexity and problems of getting the money awarded by the jury. [read post]
25 Mar 2024, 3:25 am
While I was not privy to all of the argument before the Court, I think all those questions make it hard to square this case with the others, both at the trial and appellate level, finding that general disagreement and distrust between co-owners does not pass the high bar for judicial dissolution of an LLC (e.g., here, here, here, here, and here). [read post]
25 Mar 2024, 3:01 am
“I learned that I cannot treat unions as if they were the bad guys, because that was a non-starter,” Boston-Leary says. [read post]
24 Mar 2024, 11:30 pm
It is worth underlining here that IAB Europe does not have these pieces of information and thus cannot directly combine these data. [read post]
