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18 Sep 2022, 4:19 am by SHG
Williams, 553 U.S. 285, 301 (2008). [read post]
15 Sep 2022, 9:01 pm by Austin Sarat
But it would be a risky mistake to dismiss or ignore this latest gambit.Even so, we should not miss the elements of a head-spinning flip-flop that have accompanied this move.In May, following the leak of Justice Samuel Alito’s Dobbs v Jackson Women’s Health opinion, Graham praised its embrace of states’ rights.As he put it at the time, “If the Court overturns Roe v. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  Given that I am not writing a series of full-scale articles, I fear that I cannot do justice to all of the essays (or, perhaps, to any of them), but I will try my best to focus on some of the most important themes. [read post]
12 Sep 2022, 5:39 am by Jack Goldsmith
That would be especially true if a state law treats reasonable use of geolocation technology as an adequate defense when geography matters—for instance, when reasonable even if imperfect geoblocking attempts are seen as evidence of lack of intent to target a particular state for personal jurisdiction purposes,[24] or when reasonable geolocation attempts are seen as sufficient for determining that a defendant's copyright infringement happened within the court's… [read post]
11 Sep 2022, 6:30 am by Guest Blogger
Many people are saying we need a new Court, with proposals for significant reforms such as term limits and court expansion gaining much more mainstream support than imagined twenty years ago (even after Bush v. [read post]
8 Sep 2022, 5:35 am by Jack Goldsmith
Say, for instance, that Fox, as part of its sports coverage, decides to sell video games involving the names, likenesses, and statistics of Babe Ruth, Ted Williams, Jackie Robinson, and the like. [read post]
8 Sep 2022, 12:36 am by Kluwer IP Reporter
Surely it is curious that the Court of Justice (CJEU) dealt with these issues in two recent decisions, both  issued last April 28th and both following requests for  preliminary rulings under Article 267 TFEU by German Courts, namely cases C-531/20 (NovaText GmbH v. [read post]
7 Sep 2022, 5:23 am by Eugene Volokh
The Court articulated the modern extraterritoriality test in two alcohol price-affirmation cases in the 1980s.[14] Brown-Forman Distillers Corp. v. [read post]
7 Sep 2022, 5:01 am by Marc DeGirolami
Or consider the doctrine of state sovereign immunity, which the Court said in Alden v. [read post]
4 Sep 2022, 4:15 pm by INFORRM
On 11 August 2022, the Court of Appeal (Arnold LJ, Dingemans LJ and Warby LJ) gave judgment in Riley v Murray [2022] EWCA Civ 1146. [read post]
3 Sep 2022, 12:58 pm by ernst
 A Virtual Conversation via Zoom: “Join the Supreme Court Historical Society for an engaging and frank look at Supreme Court Justice Felix Frankfurter with Professor Brad Snyder in honor of the publication of his long-awaited biography of the justice: Democratic Justice: Felix Frankfurter, the Supreme Court and the making of the Liberal Establishment. [read post]
28 Aug 2022, 8:06 am by John Floyd
Williams: Type of police questioning beyond routine interrogation also triggers the right to counsel. 1979 Scott v. [read post]
25 Aug 2022, 12:10 pm by Lawrence Solum
  Here is the abstract: This essay focuses on the strikingly ahistorical United States Supreme Court decision in Comcast Corp. v. [read post]
23 Aug 2022, 8:08 am by ernst
As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. [read post]