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24 Jun 2022, 9:10 pm
NOTE: The syllabus of the Court's ruling set out below constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. [read post]
13 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumRichard Fallon Although I have never before written anything for inclusion in a blog, I am pleased by this opportunity to celebrate Balkinizationfor its remarkable contributions over the past twenty years. [read post]
8 Feb 2022, 5:01 am
As Barrett explained, Congress authorized suits in the Natural Gas A [read post]
1 May 2021, 7:19 am
After this post, I'll (have to) take a break from blogging about App Store antitrust matters for a few weeks or maybe even months, as I'll explain further below. [read post]
24 Jun 2022, 9:10 pm
NOTE: The syllabus of the Court's ruling set out below constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. [read post]
2 Jun 2009, 7:14 pm
A Conversation Among Legal Marketing BrandsAs lawyers continue to navigate the unchartered waters of social media, online networking, and social media legal marketing, it is inevitable that as these new and evolving tools will engender considerable debate as to their most effective use. [read post]
30 Jun 2023, 9:41 am
" Kanter (Barrett, J., dissenting). [read post]
2 Feb 2023, 4:35 pm
" Kanter (Barrett, J., dissenting). [read post]
1 Feb 2022, 7:30 am
If nominated and confirmed, the 51-year-old Jackson would be the first Black woman on the court and also one of the youngest justices – second only to Justice Amy Coney Barrett, who celebrated her 50th birthday on Friday. [read post]
1 Oct 2020, 9:01 pm
Opponents of a speedy confirmation have argued that, if confirmed, Judge Barrett will join with (at least) four other conservative justices to invalidate the ACA (whether in California v. [read post]
27 Feb 2023, 5:58 am
[I only count two votes to ratify Big Tech's sweeping immunity claims] The Supreme Court's oral argument in Gonzalez v. [read post]
2 Dec 2020, 11:07 am
Does the Computer Fraud and Abuse Act prohibit a police officer who is authorized to access his employer’s computers from using his access in unauthorized ways? [read post]
31 May 2023, 4:00 am
Justice Amy Coney Barrett suggesting adoption is a viable alternative to abortion in Dobbs oral argument.18. [read post]
12 Jun 2022, 6:30 am
The rule change got Justice Amy Coney Barrett through the Senate, but it also got Justice Ketanji Brown Jackson through. [read post]
14 Nov 2017, 12:58 pm
In one case, Barrett v. [read post]
5 Oct 2018, 6:51 am
Barrett, __ F.3d ___, 2018 WL 4288566 (2d Cir. [read post]
1 Jul 2024, 4:00 am
EPA second guessed agency policy based on procedural grounds so flimsy that Justice Barrett, who was in the majority in these other cases in which she participated, strongly dissented. [read post]
2 May 2021, 1:14 pm
Copyright Computer Programs Software Platform Fair Use Market Substitute Unrealized Licensing Opportunities Google’s limited copying of the Java SE Application Programming Interface allowed programmers to put their accrued talents to work in a transformative program and constituted a fair use of that material under copyright law. [read post]
8 Mar 2024, 12:51 pm
The per curiam opinion concluded that federal legislation is necessary to enforce Section 3's Disqualification Clause, yet even Barrett's concern-trolling concurrence argued that it was unnecessary to reach "the complicated question whether federal legislation is the exclusive vehicle through which Section 3 can be enforced," because the Court could have saved Trump's hide simply by ruling that Colorado could not disqualify him. [read post]
22 Oct 2020, 11:25 am
Pushing through the Amy Coney Barrett nomination, in the middle of an election in which voting is well underway, with voting disputes reaching the Court every day, just four years after blocking Merrick Garland’s nomination for nearly a full year on the grounds that it was “an election year,” is obviously a monumental act of constitutional hardball. [read post]
