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3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
2 Feb 2024, 1:39 pm by Matthew Ackerman
* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar in New Orleans on February 1, 2024. [read post]
2 Feb 2024, 4:17 am by Chris Seaton
Are the three most devastating letters in all of pro wrestling now officially N,D, and A? [read post]
More recently, a West Virginia’s legislator introduced a bill to criminalize transgender people as “obscene matter. [read post]
1 Feb 2024, 5:01 am by Eugene Volokh
Disney primarily relies on the Eleventh Circuit's earlier decision in Georgia Ass'n of Educators v. [read post]
31 Jan 2024, 9:01 pm by renholding
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead. [read post]
31 Jan 2024, 6:40 pm by Dimo Michailov
N-400 naturalization, I-485 adjustment of status) will become much more expensive after April 1st and we expect a significant spike in applications before the new fees take effect. [read post]
31 Jan 2024, 6:22 am by Guest Author
Indeed, Justice Gorsuch previewed his opinion on the matter in his statement denying certiorari to an earlier challenge to the bump stock ban, writing, “whatever else one thinks about Chevron, it has no role to play when liberty is at stake. [read post]
31 Jan 2024, 6:04 am by Daniel M. Kowalski
Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. [read post]
30 Jan 2024, 9:05 pm by renholding
I want to suggest, though, that, while overturning Chevron would indeed be a matter of seismic legal importance, it might not be for the reasons most commonly mentioned. [read post]
30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
30 Jan 2024, 3:10 am
  Perhaps it would, but consistency might then require an equal weighting in other cases of efforts to ascribe to institutions or collectives the statements or acts of individuals.   n all cases, one begins to suspect that the issue of plausibility plays a role--as the Judges on the ICJ recently taught us. [read post]
29 Jan 2024, 8:09 am by Kurt Lash
" [18] "[N]otwithstanding the many rumors which have been circulating in regards to riotous and treasonable demonstrations on that occasion, everything passed off as quietly and harmoniously as on any previous occasion of a similar character. [read post]
29 Jan 2024, 8:04 am by Russell Knight
“[N]early all maintenance awards are implicitly reviewable and modifiable. [read post]
28 Jan 2024, 5:09 am by jonathanturley
While acknowledging that the movie was “meaty, intelligent and wonderfully crafted,” Chilton declared that “[n]o matter how reductive this assertion may be – that Nolan’s film is simply “one for the boys” … [with its] bombs and the evils of war – and it’s easy to see why the film has been pigeonholed as a quintessential ‘dad movie.'” Like many such woke objections, the criticism contains an overtly sexist… [read post]