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23 Sep 2020, 6:30 am by Mark Graber
  Rogers Smith once asserted that commitments to liberalism were a constant feature of American constitutional politics. [read post]
21 Sep 2020, 6:43 am by INFORRM
Irish constitutional law does indeed subscribe to a hierarchy of rights in some cases (see, eg, People (DPP) v Shaw [1982] IR 1, 63 (Kenny J)); but that is usually unprincipled and largely unworkable (see, eg, Attorney General v X [1992] 1 IR 1, [1992] IESC 1 (5 March 1992) [138]-[139] (McCarthy J), [184] (Egan J); Sunday Newspapers Ltd v Gilchrist and Rogers [2017] IESC 18 (23 March 2017) [36]… [read post]
18 Sep 2020, 2:23 pm by Nathan Dorn
Hunter’s Lessee, and the United States v. the Amistad. [read post]
15 Sep 2020, 4:05 am
Part V discusses how the emergence of the Erie Doctrine in the late 1930s threatened to create a void because state laws on trademark and unfair competition were underdeveloped compared with federal law. [read post]
14 Sep 2020, 9:49 am by David Kris
Court of Appeals for the Ninth Circuit in United States v. [read post]
8 Sep 2020, 3:44 pm by David Kopel
In May 2020, the Supreme Court denied cert. in ten cases involving the Second Amendment—including a New Jersey case, Rogers v. [read post]
7 Sep 2020, 10:04 am by Paul Rosenzweig, Vishnu Kannan
More pointedly, it provides (in §606(c)) that: Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of… [read post]
5 Sep 2020, 12:36 am by Florian Mueller
Early last week, Epic Games lost the first round of its #FreeFortnite battle against Apple when Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California denied the Fortnite maker's motion for a temporary restraining order (TRO) with respect to the company's flagship game. [read post]
25 Aug 2020, 5:25 am by Judith Robinson
In light of its findings on these four elements of the test, the court stated it was not necessary to look at the fifth element of whether Costco would be reasonably compensated for its expenses and legal costs. [read post]
25 Aug 2020, 5:25 am by Judith Robinson
In light of its findings on these four elements of the test, the court stated it was not necessary to look at the fifth element of whether Costco would be reasonably compensated for its expenses and legal costs. [read post]
24 Aug 2020, 6:12 am by Florian Mueller
On Monday afternoon, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California held an Epic Games v. [read post]
21 Aug 2020, 12:30 pm by Rebecca Tushnet
FTDA cases do have slightly lower mean frequency v. [read post]