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23 Sep 2022, 4:00 am by Jim Sedor
The decision by a three-judge panel of the appeals court marks a victory for the Justice Department in its legal battle with Trump over access to the evidence to determine if the former president or his advisers mishandled national security secrets or hid or destroyed government records. [read post]
21 Sep 2022, 5:45 pm by Natalie K. Orpett
To reach this conclusion, the court applied the four factors set forth in Smith v. [read post]
21 Sep 2022, 11:09 am by jonathanturley
I am a bit delayed but, a few days ago, Res Ipsa passed the 62,000,000 mark in views on the blog. [read post]
20 Sep 2022, 12:47 pm by Annsley Merelle Ward
Next on the schedule was a deep dive into the Metaverse: Real World IP Issues, expertly moderated by Marc Richards (Crowell & Moring) and with contributions from Janna Smith (Meta), Valentina Niess (Noerr) and Brian Vogelsang (Augmented Reality Product Leader at Qualcomm). [read post]
19 Sep 2022, 4:00 am by Howard Friedman
Balkin, Abortion and Partisan Entrenchment, (September 8, 2022).Mark Kende, Constitutional Pragmatism and Abortion, (Drake Law Review, Vol. 64, No. 4, 2021).Michael L. [read post]
17 Sep 2022, 1:26 pm
The cage image was, as Ewan Smith noted in the quoted language above,  tied to an emerging socialist conception of rule of law, but at the same time was focused on its particular application to the challenge of administrative discretion in a legal system grounded in the constant exercise of such discretion. [read post]
16 Sep 2022, 5:00 am by Eric Segall
It was not a surprise when Justice Barrett wrote a majority opinion overturning the Smith decision. [read post]
14 Sep 2022, 9:25 am by Taylor Johnson
The Drake Legal Clinic celebrated its 50th anniversary last year, marking a half-century of service to the community and the education of law students. [read post]
12 Sep 2022, 3:48 am
See, e.g., In re Merrill Lynch, Pierce, Fenner & Smith, Inc., 828 F.2d 1567, 4 USPQ2d 1141, 1143 (Fed. [read post]
9 Sep 2022, 6:53 am by Russell Knight
” In re Marriage of Romano, 968 NE 2d 115 – Ill: Appellate Court, 2nd Dist. 2012 “While [a] petitioner [may] list[] incidents and conflicts which in retrospect may appear to mark the beginning of a gradual process culminating in marital breakdown, they cannot be said to display a marriage inevitably headed for breakdown. [read post]
8 Sep 2022, 12:54 pm by Katherine Pompilio
The stabbings occurred in and near the James Smith Cree First Nation reservation on Sunday morning. [read post]
8 Sep 2022, 5:55 am by Kaya van der Horst
The gun industry’s successful lobbying for PLCAA — passed under the pretense of protecting companies from financial destruction — marked an end to this type of litigation. [read post]
8 Sep 2022, 4:24 am by Emma Snell
  Former White House chief of staff Mark Meadows’ conversations Trump during the Jan. 6 attack should not be shielded from lawmakers, a lawyer for the congressional committee probing the attack told a judge in Washington yesterday. [read post]
7 Sep 2022, 5:23 am by Eugene Volokh
 . balancing test"—that is, the second settled principle under the Dor­mant Commerce Clause.[24] The conclusion that the extraterritoriality principle is just a special case of one or both of the standard Dormant Commerce Clause tests makes sense of the decided cases, and of the Court's recent insistence that "two primary principles"—antidiscrimination and prohibition on undue burdens—"mark the boundaries of a State's authority to… [read post]
31 Aug 2022, 4:22 am by Emma Snell
” Susannah Cullinane and Laura Smith-Spark report for CNN. [read post]
26 Aug 2022, 6:37 am by Eugene Volokh
This new article of mine will be coming out next year in the Journal of Law and Religion, and I thought I'd serialize it here; there's still plenty of time for editing, so I'd love to hear people's feedback. [read post]