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15 Jun 2022, 7:50 am by Josh Blackman
Justice Gorsuch made this error in the first paragraph of Ysleta del Sur Pueblo v. [read post]
15 Jun 2022, 4:30 am by Lawrence Solum
  Here is the abstract: This short essay argues that the congruence and proportionality test of City of Boerne v. [read post]
14 Jun 2022, 11:20 pm by Florian Mueller
While Apple continues to harm wide swaths of the digital economy through non-creative destruction, policy makers and regulators are usually too slow and timid to effectively combat Apple's abusive practices.But if there are enough initiatives in different jurisdictions targeting different aspects of Apple's abuse of its market power, we will see significant improvements, though nothing would be even remotely as impactful as a successful appeal by Epic Games leading to a… [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
14 Jun 2022, 8:01 am by Dan Bressler
“Canada: Lawyer Who Was Consulted By Another Lawyer Disqualified From Acting Against Other Lawyer” — “2658396 Ontario Inc. v. [read post]
14 Jun 2022, 6:15 am by Todd Buchwald
(See paragraph 135 et seq of the ICJ’s 2015 Judgment in Croatia v Serbia.) [read post]
14 Jun 2022, 5:00 am by Matthew Tokson
For example, short-duration police stops are permissible with less than probable cause, under Terry v. [read post]
14 Jun 2022, 4:24 am by David Oscar Markus
  The Court took more life out of the double jeopardy clause yesterday in Denezpi v. [read post]
14 Jun 2022, 12:00 am by Lawrence Solum
Specifically, the proposal eliminates Irwin Toy’s purpose-effects test and replaces it with s.2(a)’s standard of infringement, from Syndicat Northwest v. [read post]
13 Jun 2022, 11:30 pm by Michelle David
In dealing specifically with the power of investment and the area of ethical investments, the court stated that the power of investment must be exercised to produce the best return for the beneficiaries and maximise financial return as a starting point. [read post]