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24 Sep 2015, 8:48 am by Rebecca Tushnet
  Goudreau continued his musical career, and Scholz’s complaint focused on ads associated with five groups: performances at the Cannery Casino Hotel, promoted by Paul Curcio; “The Best of Boston” performances, promoted by Maximus Entertainment and its Chief Executive Officer, Robert Devine; a musical revue called World Class Rockers (WCR); the James Montgomery Blues Band (JMBB); and Ernie and the Automatics (EATA). [read post]
22 Sep 2015, 9:01 pm by Michael C. Dorf
In both of these examples, it appears that Senator Paul holds an idiosyncratic view of what the Constitution requires and that, as president, he would be prepared to act on such a view regardless of what the Supreme Court or the weight of other legal authority says on the matter. [read post]
22 Sep 2015, 8:29 pm by WOLFGANG DEMINO
According to Weatherspoon, on February 1, 2008, two senior regional attorneys with the OAG, James Jones and Harry Monck, ordered her to report her recent interactions with a district judge. [read post]
22 Sep 2015, 8:29 pm by Wolfgang Demino
According to Weatherspoon, on February 1, 2008, two senior regional attorneys with the OAG, James Jones and Harry Monck, ordered her to report her recent interactions with a district judge. [read post]
21 Sep 2015, 5:25 am by Jack Goldsmith
  As a general matter, describing the (ever-changing) weapons, (hard-to-control) effects, and (fuzzy-boundary) targets to be limited in cyberspace is enormously challenging. [read post]
20 Sep 2015, 9:00 am
Wilentz points out that far from endorsing slavery as a national institution or sanctioning the practice as a matter of national law, the Constitution took a very different tack: The Constitutional Convention not only deliberately excluded the word “slavery,” but it also quashed the proslavery effort to make slavery a national institution, and so prevented enshrining the racism that justified slavery. [read post]
19 Sep 2015, 4:22 pm by John Floyd
 Qualified Immunity   It does not matter what an officer’s intentions and motivations were when he or she used excessive force. [read post]
18 Sep 2015, 7:47 am by Daniel Shaviro
I just spent five minutes talking on-air with Boston radio host Barry Armstrong, on a show called The Financial Exchange on Money Matters Radio. [read post]
18 Sep 2015, 5:49 am by Lisa A. Mazzie
For that matter, the Second Amendment was not originally the second. [read post]
18 Sep 2015, 1:10 am
Wolff, The future of NATO enlargement after the Ukraine crisis James Strong, Interpreting the Syria vote: parliament and British foreign policy Jane Kinninmont, Unrest in the Arab world: why the 2011 uprisings still matter Tim Summers, Society and politics in China today [read post]
17 Sep 2015, 10:08 am by Nadia Kayyali
Perhaps we need to clarify that for anyone who wants to follow the example of Irving, Texas: innovation is not a crime—no matter what your religion or skin color. [read post]
17 Sep 2015, 9:46 am by Daniel Shaviro
 Symbolic hot-button issues only matter so much on the ground. [read post]
17 Sep 2015, 6:01 am by Administrator
The Supreme Court of New Zealand 2004-2013© 2015 Thomson Reuters New Zealandedited by Matthew Barber and Mary-Rose Russell, Senior Lecturers in Law, Auckland University of Technology Excerpt: selections from Chapter 3: A Barrister’s Perspective by James Farmer QC [Footnotes omitted. [read post]
16 Sep 2015, 6:04 am by Adam Weinstein
These disclosures can include IRS tax liens, judgments, and even criminal matters. [read post]
16 Sep 2015, 3:20 am
 Following some preliminary observations, the Court began its analysis from Question 2.Absolute grounds for refusal to be applied independently and (potentially) cumulatively The CJEU recalled the rationale underlying the absolute grounds for refusal in Article 3(1)(e) of the Trade Marks Directive, this being to prevent trade mark protection from granting its proprietor a potentially permanent monopoly on technical solutions or functional characteristics of goods which a user is… [read post]
15 Sep 2015, 5:30 am by Kevin
Exodus 33:20-23 (emphasis added; all citations to King James Version). [read post]
14 Sep 2015, 4:32 pm by Kevin LaCroix
While one might argue that the class action mechanism renders such knowledge defenses irrelevant as a matter of collateral estoppel, a class benefitting from the Basic presumption is never accurately defined merely as purchasers between dates “X and Y,” but rather should be defined as purchasers between dates “X + Y, who did not know or believe that the misrepresentation was false or that an omission occurred. [read post]