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14 Feb 2024, 6:30 am by Guest Blogger
  Instead, the justices retained the norms and practices of a final court of appeals. [read post]
14 Feb 2024, 1:30 am by Lynn Hillary
Elsewhere, we have argued that the EU judicial system and legal thought are relatively well-equipped to address the arbitrary exercise of legal powers, but have little to no experience with constraining factual power. [read post]
13 Feb 2024, 9:05 pm by renholding
  Gensler’s total number of final rules (51) is below that of Clayton (54) and Schapiro (62), if a little higher than White (44). [read post]
12 Feb 2024, 11:30 pm by Chijioke Okorie
Nigeria Copyright Commission (NCC) (discussed here), where this could have been addressed, Federal High Court and the Court of Appeal sidestepped the question of whether copyright was movable or immovable property under the Nigerian Constitution. [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
Dan AronowitzMany of you may have seen the February 5, 2024 Wall Street Journal article (here) describing the new lawsuit filed against Johnson & Johnson accusing the company of mismanaging its workers’ prescription-drug benefits. [read post]
11 Feb 2024, 1:49 pm by Stuart Kaplow
   Unfortunately, this decade plus long case (.. that is not over because appeals are all but certain) will offer little if any precedent in defamation law but will be cited for years to come as stare decisis for using the courts to suppress a debate about scientists. [read post]
9 Feb 2024, 1:28 pm by Josh Blackman
Trump's opening brief barely mentions Griffin's Case in passing, and the reply brief does only a little more. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]
8 Feb 2024, 3:10 pm by Parks, Chesin & Walbert
The 11th Circuit Court of Appeals, whose rulings control federal cases in Florida, Georgia, and Alabama, agreed. [read post]
8 Feb 2024, 2:35 pm by Yosi Yahoudai
Chief Justice Salmon Chase, who was writing for an appeals court, ruled in 1869 that the “insurrectionist ban” could not be enforced against the judge unless Congress first passed a law. [read post]
8 Feb 2024, 1:47 pm by Ilya Somin
Most of the other issues at stake in the case got little or no attention. [read post]
8 Feb 2024, 7:59 am by Evan George
Notwithstanding standard conservative doctrine of level playing fields and free markets, there is no pre-political set of criteria that one can appeal to when designing new markets. [read post]
8 Feb 2024, 6:48 am by Kal Raustiala
As negotiations toward a ceasefire between Israel and Hamas stall yet again, a key question looms: who will govern Gaza “the day after” the fighting stops? [read post]
7 Feb 2024, 7:45 pm by Josh Blackman
Court of Appeals for the Fourth Circuit, and as General Counsel of Boeing, has been one of the more vocal proponents of the view that Trump should be disqualified from the ballot. [read post]
7 Feb 2024, 5:53 pm by Todd Janzen
One part of the field would yield well, while another part would yield little or nothing. [read post]