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8 May 2014, 11:43 am by Rick Garnett
”  Holmes famously complained (in another context) that it is “revolting to have no better reason for a rule of law than so it was laid down in the time of Henry IV. [read post]
8 May 2014, 9:25 am
  One group of scholars insist that that Privileges or Immunities Clause does not incorporate the Bill of Rights but instead closely tracks Article IV’s Comity Clause and provides nothing more than a degree of equal protection (the Equal Protection-only reading). [read post]
5 May 2014, 6:05 am
Next: The Difference Between the “Privileges and Immunities” of Article IV and the “Privileges or Immunities” of the 14th Amendment. [read post]
28 Apr 2014, 5:55 am by Margaret Wood
John does not directly answer this charge but rather asks what the consequence will be if he does not lay aside the title he has claimed. [read post]
28 Apr 2014, 2:58 am
The Lanham Act does not directly address claims of secondary liability. [read post]
21 Apr 2014, 2:34 pm
  Part IV examines the application of particular First Amendment doctrines to the Second Amendment. [read post]
4 Apr 2014, 8:12 am by John Mikhail
  Hamilton sent the resolution to his friend and fellow New Yorker, John Jay, with this note: “This is the first symptom of a spirit which must either be killed or will kill the Constitution of the United States. [read post]
2 Apr 2014, 5:30 am by Renee Kolar
Strong, Does Class Arbitration “Change the Nature” of Arbitration? [read post]
17 Mar 2014, 8:42 am by Marty Lederman
  There is at least one case in which the acting U.S. solicitor general (John Roberts) attacked the constitutionality of federal statutes before the Supreme Court even though the President had recently signed the laws and had not publicly questioned their constitutionality. [read post]
27 Feb 2014, 6:00 am
Plaintiff James Dean, Inc. filed a trademark complaint against Twitter, as well as the fictitious persons, John Doe Defendants 1-5 Company, in an Indiana state court. [read post]
26 Feb 2014, 8:13 am
Code 951 note); or (v) an attempt or conspiracy to commit an offense described in clauses (i) through (iv). 42 U.S. [read post]
20 Feb 2014, 9:01 pm by John Dean
This does not mean that Bromwich will be there for the next ten years as Judge Cote might like it, only that the Second Circuit, is leaving Bromwich in place until they address Apple’s full appeal of Judge Cote’s decision. [read post]
17 Feb 2014, 12:12 pm
ACT IV Meanwhile, the litigation over the validity of Howard’s will is continuing in the Texas probate court, where apparently the wheels of justice grind even more slowly. [read post]
11 Jan 2014, 5:58 am by Yishai Schwartz
In IV, Ben expressed moderate skepticism about applying the Privacy Act to non-US persons as DHS does, and urged the Government to insist on reciprocity rather than playing “handmaiden to European hypocrisy. [read post]
10 Jan 2014, 1:00 pm by WIMS
Senators John Barrasso (R-WY), Joe Manchin (D-WV), Rob Portman (R-OH) and Mike Lee (R-UT) called on the Department of the Interior (DOI) nominee Janice Schneider to commit to ensuring that the Office of Surface Mining (OSM) does not "rig" job loss estimates associated with OSM's proposed stream rule. [read post]