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7 Nov 2023, 10:40 am by Mario Zúñiga
The fact that cases are hard to win, however, merits further consideration. [read post]
3 Mar 2025, 2:51 am by Sasha Volokh
[Continuing my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.] [read post]
15 May 2019, 6:00 am by Guest Blogger
In ways that Jack Balkin has parsed as well as anyone (along with his Yale colleagues Reva Siegel and Robert Post), the Constitution stands for political legitimacy, the possible unity of law and justice, and a normative national identity. [read post]
6 May 2025, 8:46 am
 Pix credit here “As we bow our heads this beautiful day in the Rose Garden on the National Day of Prayer, we once again entrust our lives, our liberties, our happiness to the Creator who gave them to us and who loves us,” said Trump, a self-described “nondenominational Christian,” before signing the order. [read post]
12 Dec 2014, 5:06 am
My post on Wednesday morning has attracted a large number of comments, including many thoughtful contributions, and so I would like to follow up concerning the wider issue of product-by-process claims (independent of the specific Hospira v Genentech case), gathering up, and responding to, some of the comments.In the meantime, readers interested in the decision itself may care to visit the report by Katfriend Suleman Ali (Holly IP) posted on the PatLit blog here, which has a more detailed analysis of… [read post]
1 May 2014, 5:00 am by JB
I believe that we began a new constitutional regime sometime in the 1980s, and that the constitutional jurisprudence of our era-- including the work of the Roberts Court-- reflects that change in regime commitments. [read post]
3 Jan 2008, 2:59 pm
Futher honourable mentions went to Gramsci on power/culture/symbol of language, linguistic hegemony, the market effects of English dominance (Francois Grin, The Economics of Language, 2006) and even Robert Phillipson (someone I’ve read a lot of in the context of linguistic imperialism) - English as the ‘cuckoo‘ in European higher education. [read post]
5 Sep 2010, 6:06 am by Lawrence Solum
In this post, we will take a hard look at the idea of the second best, beginning with a statement of the intuitive idea and then looking at the more formal idea of the second best in its original economic context.As always, the Lexicon is aimed at law students, especially first-year law students, with an interest in legal theory.The Intuitive IdeaThe intuition behind the idea of the second best is simple. [read post]
31 Mar 2014, 6:57 pm by Michael Lowe
The email attachments have malware hidden within them that are extremely sophisticated and hard for many security software programs (like the ones most people purchase as anti-virus or spyware protection) to locate and remove. [read post]
30 Oct 2006, 6:48 am
Unless it were willing to strike down the statute as a standardless delegation — a nearly moribund doctrine — it is very hard to see a court telling the President that, say, the chaos in New Orleans after the flood, or even the limited violence in Florida in 2000 when GOP operatives attacked the ballot counters, didn’t rise to a level that “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.” … [read post]
29 Sep 2008, 2:59 am
In 2007, the feds also denied our requests, saying in effect that we did not try hard enough in the State court. [read post]
12 Mar 2009, 1:23 pm
An example of residency restrictions exacerbating the problem is in California, said Robert Coombs of the California Coalition Against Sexual Assault. [read post]
2 Aug 2011, 2:01 pm by Frank Pasquale
It’s hard to be a good husband or wife if you’re broke or broken by a martinetish manager. [read post]
4 Mar 2018, 9:40 pm by Nicholas R. Parrillo
This pressure occurs regardless of whether agency officials “intend” the documents to be coercive—it is hard-wired into the regulatory scheme. [read post]
6 Dec 2018, 9:10 pm by Jonathan Spontarelli
The concerns were much the same back then, Griffin said, and they remain today: The Legislature is hard to follow, even for those who get paid to do so. [read post]
And even though Democrats hold a clear majority in the House, the Twelfth Amendment specifies that in resolving presidential contests, each state delegation gets only one vote; so absent a shift due to the coming election—a shift that Speaker Pelosi and the Democrats are working hard to achieve but obviously cannot guarantee—Republicans would have the edge.Trump’s Denominator ProblemBut Republicans cannot have their cake and eat it too. [read post]