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31 Jul 2020, 12:38 pm by Rebecca Tushnet
While “it’s hard to argue wit h a straight face that a dead person is endorsing a product,” we see Elvis face coverings, Marilyn Monroe perfume, Muhammad Ali quotes selling Gatorade. [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
  We have so many now b/c the system doesn’t work. [read post]
18 Mar 2016, 10:45 am by Eugene Volokh
The Superior Court’s Interpretation of N.J.S.A. 2C:33-4(c) Is Overbroad Because It Criminalizes a Substantial Amount of Protected SpeechA. [read post]
10 Feb 2021, 12:48 pm by Jonathan H. Adler
Congress in 2017 amended Section 5000A(c) by reducing to zero (effective in 2019) the shared responsibility payment assessed under Section 5000A(b) as a lawful alternative to purchasing insurance under Section 5000A(a), see Tax Cuts and Jobs Act, Pub. [read post]
15 Apr 2023, 10:36 am by Jonathan H. Adler
For parties, "[c]omplex jurisdictional tests complicate a case, eating up time and money as [they] litigate, not the merits of their claims, but which court is the right court to decide those claims. [read post]
6 Jul 2014, 7:46 am
 Finding that option B is “less restrictive” than option A suffices to demonstrate that option A is not the least restrictive option, but  tells us nothing about whether there exists yet another option — option C, D or E — that might be even less restrictive still. [read post]
8 Dec 2023, 4:07 pm
California has specific laws, such as Penal Code 288(c)(1) and Penal Code 289(h), that address child molestation. [read post]