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17 Feb 2023, 9:16 am by Daniel Gilman
Given the Supreme Court’s recent articulation of the major questions doctrine in West Virginia v. [read post]
17 Feb 2023, 8:36 am by Chip Merlin
Before doing so, the federal judge noted Kentucky law: Although some courts in other jurisdictions hold that causation is part of the coverage analysis and a legal question for the court, see, e.g., Rogers v. [read post]
17 Feb 2023, 7:30 am by Terry Hart
State Mandates for Digital Book Licenses to Libraries are Unconstitutional and Undermine the Free Market — “Ultimately, the state bills imposing compulsory licensing on library e-books are based on arguments that do not withstand legal, commercial, or economic scrutiny. [read post]
16 Feb 2023, 8:55 am by Lawrence Solum
  Here is the abstract: In the 1987 decision, McCleskey v. [read post]
16 Feb 2023, 8:17 am by Matthew J. Roberts, Esq.
On February 15, 2023, the Ninth Circuit Court of Appeals issued a decision in Chamber of Commerce of the United States of America, et al. v. [read post]
16 Feb 2023, 7:59 am by Tobin Admin
’” She also argued, again without citing any legal authority, that “[p]lacing the burden on [the decedent ] to request a change in the coverage Liberty [Mut [read post]
16 Feb 2023, 7:20 am by Marnie Baizley
We refer to this as a ‘Waksdale review’ because it is driven by the court’s reasoning in Waksdale v. [read post]
16 Feb 2023, 6:30 am by Lawrence Solum
Through a detailed analysis of the education policies governing gender identity in each state and each state’s largest school district, the Article documents the substantive requirements for living consistently with one’s gender identity in school (for example, providing medical documentation v. self-identification) and the different stakeholders enshrined in procedurally assessing students’ gender. [read post]
16 Feb 2023, 5:30 am by Josh Blackman
For the past few years, I have watched with some apprehension the explosion of legalized gambling in the United States. [read post]
16 Feb 2023, 4:30 am by Lawrence Solum
United States, 221 U.S. 1 (1911) in favor of treating “Bigness” as an independent antitrust harm. [read post]
15 Feb 2023, 10:25 am by Eric Goldman
Though legislatures have no business meddling with publishers’ editorial operations and decisions, Section 230 by its terms only applies to legal obligations that treat online publishers as publishers/speakers of information provided by others. [read post]