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13 Jun 2016, 4:38 am by John Sipher
  At what point does cyber war become a real war? [read post]
8 Oct 2018, 3:28 pm by Eugene Volokh
" This vivid description by Referee Richard Trachy explaining why he was rejecting Kiani's allegation is a model of thoughtful scrutiny, and the district court's factually supported decision to disbelieve Kiani is therefore certainly not clearly erroneous. [read post]
22 Sep 2016, 5:00 am by Jonathan H. Adler
In chapter three Richard Lazarus documents the effect of the emergence of an elite Supreme Court bar on case selection and outcomes at the Supreme Court, including the recent increase in business-related cases. [read post]
29 Nov 2016, 11:31 am by Lawrence B. Ebert
Thus, the presence of many citations, by itself, does not prove value, and the absence of citations does not prove lack of value.Nevertheless, BN find it inexplicable that 64 non-self-citations (out of 165 total cites) for US 4,105,776 don't strike me as extraordinary. [read post]
2 Jul 2019, 5:38 am by John Mikhail
  Lessig does not discuss Darby extensively, but he appears to think it cannot be squared with the original Constitution. [read post]
14 Sep 2016, 11:44 am by Timothy Edgar
 End mass surveillance—which is to say, most of what the NSA does. [read post]
11 Jun 2016, 10:19 am by David Kopel
 Peruta was decided along with a similar case, Richards v. [read post]
25 Jul 2024, 6:30 am by Guest Blogger
In doing so, LaCroix does not minimize Americans’ concerns about disunion, nor does she ignore the very real threats they faced to their national order. [read post]
27 Sep 2024, 7:30 am by Guest Blogger
  Consider Richard Fallon’s idea that implementing the American Constitution is &lsqu [read post]
27 Mar 2020, 9:05 pm by Milad Emamian
Some scholars argue that, although the Antiquities Act does not expressly allow a President “to reduce or rescind a monument established by a prior President under the Act,” it does imply that a President may do so. [read post]
20 Dec 2019, 1:48 pm by Robert Black
This does not mean that the Constitution places no restraints on the trial of impeachments. [read post]
8 Dec 2007, 10:32 am
Where does that leave the fraud-on-the-FDA exception in the Michigan statute? [read post]
23 Aug 2010, 4:44 pm
But nothing in this debate seems to turn on whether the really are right answers (in REALITY AS IT REALLY IS, as Richard Rorty might say). [read post]
14 Feb 2018, 9:30 pm by David Zaring
With the passage of time and the departure of former CFPB Director Richard Cordray, the prospects for using the CRA to repeal independent agencies rules seemed to grow increasingly dim. [read post]
12 Feb 2015, 1:18 pm by Dave
Does it confer any rights to social benefits? [read post]
2 Sep 2010, 11:30 am by Falk Metzler
At its heart, therefore, the patent does no more than disclose an abstract idea.As opposed to the Court’s opinion, Ultramercials' lawyer (Richard Frenkel of WSGR) argued that by "gating" the distribution of copyrighted content, the claimed subject-matter passed the machine-or-transformation test because the claims transformed copyrighted content from being physically inaccessible to an online consumer to being physical accessible, so that the patent would… [read post]