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14 Feb 2024, 6:30 am
Robert maintains Taft lacked the “charisma” and “raw political talent” to be an effective president,[12] but I’m not sure that the former had yet become a desideratum for a chief executive’s successful tenure, and his chief justiceship proves he possessed plenty of the latter. [read post]
9 Feb 2024, 1:43 pm
H&M Hennes & Mauritz, 595 U.S. 178 (2022). [read post]
9 Feb 2024, 11:37 am
Justice Sotomayor said, "I'm sorry, your brief says you didn't take a position on that point. [read post]
8 Feb 2024, 9:36 am
[A reply to Prof. [read post]
5 Feb 2024, 8:20 am
Eric Goldman, Dan Burk, Mark Lemley I’m devastated to report that UC Irvine Law School professor Dan Burk has died. [read post]
4 Feb 2024, 6:29 pm
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1] [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
4 Feb 2024, 1:01 pm
(We express no opinion here on whether the Saxbe fix comports with the Sinecure Clause.) [read post]
2 Feb 2024, 1:39 pm
” M Civ JI 90.12 (Partial Taking). [read post]
31 Jan 2024, 10:39 pm
There is an acknowledgement that those items were taken by force; art then functions as a site of truth telling and mourning when other avenues of social expression have not yet caught up. [read post]
30 Jan 2024, 9:02 pm
Moreover, this content-specific and permanent restraint on speech effectively shields the Commission’s allegations from criticism: as long as you live, you are bound not only to say nothing that the Commission believes “directly or indirectly” denies the complaint’s allegations, but you also must never say anything that even “create[s] the impression” of a denial.[23] Given the obvious First Amendment ramifications of the no-deny policy, it is… [read post]
29 Jan 2024, 8:38 am
M. [read post]
29 Jan 2024, 8:09 am
As readers of the blog know, several of our bloggers have expressed their own views on the case, which are quite different from each other, and I'm very glad that the blog provides a forum for those competing views. [read post]
27 Jan 2024, 2:29 pm
Pix Credit hereI leave it to the intelligentsia, and the drivers of global narratives, through their mass collectives, to parse meaning from this arte povera papier-mâché through what is likely to be a polyphonous chorus of elaboration of analytical lines, justifications, planning, and emoting, over the decision, the value and character of the declarations, dissenting and "separate" opinions (an assortment of some here). [read post]
25 Jan 2024, 8:12 am
Together they describe the epistēmē (understood as "the strategic apparatus which permits of separating out from among all the statements which are possible those that will be acceptable" Foucault, Power/Knowledge (C. [read post]
23 Jan 2024, 1:40 am
This is the first case I’m aware of in which the owner of a copyrighted reference image has sued a tattoo artist for copyright infringement. [read post]
22 Jan 2024, 8:24 pm
Again, like his Chinese and EU counterparts, the focus was on oracular totems: concrete expressions of the essence of the signification of trust in human collective social relations. [read post]
18 Jan 2024, 11:47 am
Pursuant to INA 101(a)(15)(F) and INA 101(a)(15)(M), foreign students in F and M status must “intend to depart from the United States after their temporary period of stay … and have a foreign residence that they have no intention of abandoning”. [read post]
17 Jan 2024, 9:19 am
L. 117-263). [read post]
17 Jan 2024, 9:17 am
M. (2011). [read post]
