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26 Feb 2024, 6:30 am
I wanted to demonstrate the fallacy of imagining the Taft Court as simply the Roberts Court in top hats. [read post]
26 Feb 2024, 4:10 am
One of the most interesting dynamics in this election is the impact of third party candidates from Robert F. [read post]
26 Feb 2024, 12:33 am
Surveillance The Investigatory Powers (Amendment) Bill had its second reading in the House of Commons this week, after being introduced in the Lords last November. [read post]
24 Feb 2024, 6:30 am
Purcell Professor Robert C. [read post]
23 Feb 2024, 4:59 pm
Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. that something needs to change, then it can change quite quickly. [read post]
23 Feb 2024, 1:43 pm
Use expressio unis to get at the fact that the noncommercial use holding is limited to situations where the challenged use is “used as a mark for a commercial product”; the term noncommercial use can reasonably include uses as a mark for political speech—Robert Kennedy, Jr., is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to speech in the political realm). [read post]
23 Feb 2024, 8:00 am
I discuss various complexities and counterarguments: (1) Race is not different than sex or sexual orientation for purposes of the doctrine. (2) The market context may not matter, especially after 303 Creative. (3) The conditional-federal-funding context does give the government more power than a simple regulatory context: the government will still be able to induce race-neutrality by the threat of withdrawing federal funds. [read post]
23 Feb 2024, 7:33 am
Grab them by their tailsSpit in their eyesWell they charge you by the minuteWhile we get paid by the hourWhat I want to knowIs how they steal all this power? [read post]
23 Feb 2024, 7:30 am
Though Robert notes that he began working on the book 35 years ago (xxv), he has borne that burden well. [read post]
23 Feb 2024, 4:34 am
HaystackID’s AI Suite: Simplifying Complex Data Challenges HaystackID’s enhancement of its Protect Analytics AI Suite represents a powerful advancement in data management for the legal and cybersecurity sectors. [read post]
23 Feb 2024, 3:00 am
Governors have the power to appoint judges in nearly every state. [read post]
22 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024). [read post]
21 Feb 2024, 1:27 pm
Ross, a PLF case, Chief Justice John Roberts observed that the act “has been transformed into a power without any discernible limit. [read post]
21 Feb 2024, 12:50 pm
Chief Justice John Roberts pressed Stewart to say when, if the plan were allowed to remain in effect, the EPA would address the effect of the change in the number of states covered by the plan. [read post]
21 Feb 2024, 7:46 am
Sidar, written by Judge Toby Heytens and joined by Judges Robert Bruce King and J. [read post]
21 Feb 2024, 7:00 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Thomas P. [read post]
21 Feb 2024, 6:30 am
Robert C. [read post]
20 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).William Forbath Robert Post’s two-volume Holmes Devise History of the Taft Court is a tour de force. [read post]
19 Feb 2024, 8:57 am
That language appears there because the Framers understood at the outset of the Philadelphia convention that some Offices and Officers of the United States would be designed by the Framers themselves and have powers vested by the Constitution itself, whereas others would be created by statutes and have powers delegated by Congress. [read post]
19 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Lisa McGirr Robert Post’s magisterial book is breath-taking. [read post]
