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At a charter middle school in San Francisco where I used to serve on the Board, there hung a banner advising: “Don’t pray for a light load; pray for a strong back. [read post]

Verdict - http://verdict.justia.com/

[Eugene Volokh] Crafting Exceptions to Laws That Limit Private-Employer-Imposed Speech Restrictions

11 Aug 2022, 5:01 am by Eugene Volokh

On one hand, the employer's argument for a right to fire an employee is especially strong when the employee is harming the employer's bottom line rather than helping it (see Part II.F). [read post]

The Volokh Conspiracy - http://www.volokh.com/

Why the Clean Air Act’s Special Treatment of California Is Permissible Even in Light of the Equal-Sovereignty Notion Invoked in Shelby County

1 Aug 2022, 9:01 pm by Vikram David Amar

Supreme Court Chief Justice John Roberts tried (obviously unsuccessfully) to avoid the complete overturning of Roe v. [read post]

Verdict - http://verdict.justia.com/

[Eugene Volokh] Parties Can't Seal Entire (Settled) Case Despite Risk of "Reputational Damage and Embarrassment"

26 Jul 2022, 6:01 am by Eugene Volokh

.''"] From Friday's decision by Judge James Boasberg in Kartte v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

How States and Congress Can Prepare for a Looming Threat to Freedom of Speech

5 Jul 2022, 6:27 am by Jeff Kosseff, Matthew Schafer

Among them are Curtis Publishing Co. v. [read post]

Lawfare - http://www.lawfareblog.com/

[Eugene Volokh] Substantive Due Process Right to Privacy in Medical Information

28 Jun 2022, 9:34 am by Eugene Volokh

Davis is misplaced. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Trademark Scholars’ Roundtable Session 3: Abandonment of Trademark Rights

25 Jun 2022, 4:02 am by Rebecca Tushnet

Jennifer Davis: market for brands is huge and ongoing. [read post]

43(B)log - http://tushnet.blogspot.com/

TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law

24 Jun 2022, 9:03 am by Rebecca Tushnet

Rogers v. [read post]

43(B)log - http://tushnet.blogspot.com/

[Samuel Bray] Ground-Breaking Articles on Equity in the Federal Courts

22 Jun 2022, 6:47 am by Samuel Bray

That is a super-timely question--see Whole Women's Health v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Differential Etiologies – Part One – Ruling In

17 Jun 2022, 2:09 pm by admin

Ever since the United States Supreme Court decided Daubert v. [read post]

Tortini - http://schachtmanlaw.com/blog/

Bipartisan Group of Former SEC Officials and Securities Experts Confirms Longstanding SEC Authority on Climate Disclosure

16 Jun 2022, 9:05 pm by Working Group on Securities Disclosure Authority

[Editor’s Note: This post is based on a comment letter submitted to the U.S. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

[Eugene Volokh] State Trooper Suing Andrew Cuomo for Harassment Can Be Pseudonymous, Because the Case Is "High-Profile"

11 Jun 2022, 12:26 pm by Eugene Volokh

This is evident, for instance, in the fact that all the Supreme Court's sexual harassment cases have been nonpseudonymous (except Davis as next friend of LaShonda D. v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

After the Cawthorn Ruling, Can Trump Be Saved From Section 3 of the 14th Amendment?

7 Jun 2022, 10:32 am by Roger Parloff

There is actually a disquietingly strong case at this point that Trump should be disqualified under Section 3 as a factual matter. [read post]

Lawfare - http://www.lawfareblog.com/