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FAQS ABOUT THE NETCHOICE CASES AT THE SUPREME COURT, PART 2

21 Feb 2024, 5:51 pm by Daphne Keller

I talk to lots of smart people who think the platforms will win, full stop. [read post]

Stanford Center for Internet and Society Blogs - http://cyberlaw.stanford.edu/blog

[Eugene Volokh] Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases

21 Feb 2024, 7:46 am by Eugene Volokh

See James v. [read post]

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

A Reality Check on "Officers of the United States" at the Founding

19 Feb 2024, 8:57 am by John Mikhail

That is the central reason why James Madison, seconded by James Wilson, first moved on June 1 that the Executive be vested with the power “to appoint to offices in cases not otherwise provided for. [read post]

Balkinization - http://balkin.blogspot.com/

The Four Constitutional Narratives of the Taft Court

17 Feb 2024, 6:30 am by Guest Blogger

Common law constitutionalism, associated with Justice James McReynolds, held that the courts should speak for the customs and traditions of the American people, which were embodied in common law rather than ordinary statutes. [read post]

Balkinization - http://balkin.blogspot.com/

The Taft Court and America’s Jurisprudence of Reaction

16 Feb 2024, 7:00 am by Guest Blogger

Bell as well as the anti-miscegenation statute at issue in Loving v. [read post]

Balkinization - http://balkin.blogspot.com/

FS Monthly Wrap-Up – November 2023 to January 2024

15 Feb 2024, 9:08 pm by Ray Giblett (AU), James Morris (AU), Rajaee Rouhani, Stephen Lee, Jeremy Moller, Charles Nugent-Young, Merren Taylor, Timothy Chan (AU), Joshua Kan, Dylan Sault and Steven Li

It further encouraged people to report suspected investment scams to scamwatch.gov.au. [read post]

Regulation tomorrow - http://www.regulationtomorrow.com/

Comments on Robert Post’s Supreme Court History of the Taft Court, Part IV, The Taft Court as an Institution

15 Feb 2024, 6:30 am by Guest Blogger

Ct. 1731, 1755 (2020) (Alito, J., dissenting) (statutory words “mean what they conveyed to reasonable people at the time they were written” (citation omitted)); Kisor v. [read post]

Balkinization - http://balkin.blogspot.com/

When can a libel be defended as honest opinion? – Percy Preston

8 Feb 2024, 4:09 pm by INFORRM

Kemsley, the Claimant, was a well-known newspaper proprietor. [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

A User’s Guide to Trump v. Anderson, Part Five: Trump’s Argument That He Did Not Engage in an Insurrection

4 Feb 2024, 6:29 pm by Marty Lederman

” 395 U.S. at 447; see also Counterman v. [read post]

Balkinization - http://balkin.blogspot.com/

[Eugene Volokh] Antifa-vs.-Patriot-Prayer-Related Tort Lawsuit Partly Thrown Out but Partly Allowed to Go Forward

31 Jan 2024, 2:30 pm by Eugene Volokh

But, as explained in Counterman v. [read post]

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

SEC Commissioner Dissents from Denial of Petition to Change No-Admit, No-Deny Policy

30 Jan 2024, 9:02 pm by renholding

This freedom to speak against the government and government officials is essential in a free society committed to the preeminence of the people. [read post]

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

Immigration Is Not an “Invasion” under the Constitution

29 Jan 2024, 10:46 am by Frank O. Bowman, III

Republican politicians have embraced immigration as a potent political issue. [read post]

Just Security - https://www.justsecurity.org/

[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't

29 Jan 2024, 8:09 am by Kurt Lash

I would of course be delighted to publish any response to this item as well. [read post]

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

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]

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

2023 Quick Links: Leftovers

26 Jan 2024, 10:36 am by Eric Goldman

See also my CRFA summary and piece on doctors and consumer reviews. * NYAG: Attorney General James Secures $100,000 from Manhattan Doctor Who Manipulated Online Reviews * Haworth v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty

25 Jan 2024, 1:49 pm by Emily von Qualen, Clare M. Bienvenu, Greg L. Johnson and Cherrell Simms Taplin

James v. [read post]

The Energy Law Blog - http://www.theenergylawblog.com/

[Ilya Somin] Texas Gov. Greg Abbott Doubles Down On Dangerous Claim that Immigration is "Invasion"

25 Jan 2024, 1:40 pm by Ilya Somin

Abbott and his lawyers would do well to stop citing James Madison to buttress their invasion argument. [read post]

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

Chevron Deference vs. Steady Administration

24 Jan 2024, 3:12 pm by Adam White

At its worst, unstable administration wrecks the rule of law and, eventually, people’s respect for government itself. [read post]