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3 May 2022, 1:39 pm by Kevin LaCroix
  Background In March 2018, the United States Supreme Court held in Cyan, Inc. v. [read post]
3 May 2022, 7:33 am by Michael C. Dorf
It then also notes that the plaintiffs and the United States as amicus had connected the abortion right to the right of consenting adults to engage in same-sex sexual conduct (recognized in Lawrence v. [read post]
3 May 2022, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable on Reforming the Supreme Court of the United States, convened as part of LevinsonFest 2022. [read post]
3 May 2022, 4:30 am by Michael C. Dorf
In the balance of today's essay, I'll discuss a hypothesis first floated by Professor Stephen Vladeck and reported by the NY Times last month: perhaps the Biden administration is hoping that once the mandate expires of its own force (as it will tomorrow), the case will be moot; then, invoking the Munsingwear mootness doctrine (named for the 1950 SCOTUS case of United States v. [read post]
2 May 2022, 2:12 pm by Cynthia Marcotte Stamer
Emotional distress damages are not recoverable in a private action to enforce the disability discrimination and accommodation requirements of either the Rehabilitation Act of 1973 (“Rehab Act”) or the Patient Protection and Affordable Care Act (“ACA”) according to the May 1, 2022 United States Supreme Court ruling in Cummings v. [read post]
2 May 2022, 1:08 pm by Amy Howe
In this case, Abitron is challenging a $90 million jury award against it for violating Hetronic’s U.S. trademarks – an amount that is based on Abitron’s total worldwide sales, 97% of which were outside the United States. [read post]
2 May 2022, 12:36 pm by Timothy Misner
Last month, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act, or the “FAIR Act. [read post]
1 May 2022, 8:54 am by Eric Goldman
United States, the ongoing constitutional challenge to FOSTA/SESTA. 5. [read post]
1 May 2022, 6:15 am by Lawrence Solum
  In that context, the baseline problem is strongly associated with Cass Sunstein, and especially with his analysis of the United States Supreme Court's decision in Lochner v. [read post]
30 Apr 2022, 12:02 pm by Jeffrey P. Gale, P.A.
 The United States Social Security Act, except Title XVIII and Title XIX; any federal, state, or local income disability act; or any other public programs providing medical expenses, disability payments, or other similar benefits, except those prohibited by federal law and those expressly excluded by law as collateral sources. 2. [read post]
30 Apr 2022, 10:58 am by Eugene Volokh
" This investigation is governed by regulations promulgated by the United States Secretary of Health and Human Services. [read post]