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9 Oct 2020, 6:30 am by Guest Blogger
Accepting this shift toward a plebiscitary democracy, it is further argued, will undermine the federal constitutional republic the founders and framers established. [read post]
31 Jul 2023, 4:47 pm by INFORRM
On the other hand, the Colorado restriction might not survive the application of United States v United Foods, Inc 533 US 405 (2001), where obligations upon fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales did not survive Central Hudson scrutiny as mediated through Glickman v Wileman Brothers & Elliott, Inc 521 US 457 (1997). [read post]
16 Sep 2014, 4:21 am by Terry Hart
In 1985, the Supreme Court said, “The fair use doctrine is not a license for corporate theft, empowering a court to ignore a copyright whenever it determines the underlying work contains material of possible public importance. [read post]
2 Jun 2019, 7:44 am by Eugene Volokh
Citizens for the Abatement of Aircraft Noise, Inc., 501 U.S. 252, 273 (1991) (quoting The Federalist No. 48, at 333 (Madison) (J. [read post]
28 Jun 2012, 8:23 am by Lawrence B. Ebert
Reorganized CF&I Fabricators of Utah, Inc., 518 U. [read post]
8 Dec 2011, 3:01 pm by Eugene Volokh
’” “This ‘lone-democracy’ syndrome of the framers also explains the relationship between firearms and voting at the founding. [read post]
17 Jun 2023, 1:37 am by Kalvis Golde
” A list of this week’s featured petitions is below: CareDx, Inc. v. [read post]
20 Dec 2018, 1:00 pm by Zach ZhenHe Tan
CACI Premier Technology, Inc., in which Iraqi nationals are suing a domestic U.S. government contractor under the ATS for alleged human rights abuses committed while the plaintiffs were held in custody and subject to [read post]
4 Mar 2024, 12:47 pm
Reversing theDistrict Court’s operative holding, the majority concludedthat for purposes of Section 3, the Presidency is an officeunder the United States and the President is an officer ofthe United States. [read post]
13 Jul 2020, 9:01 pm by Vikram David Amar
She reasoned that, even if the framers “expected” electors to enjoy independence, “nothing in the Constitution expressly prohibits States from taking away presidential electors’ voting discretion . . . . [read post]
8 Apr 2014, 7:57 am
United States did the Supreme Court find any authority in the “Times, Places and Manner” clause to regulate pre-election campaigning. [read post]
15 Jan 2019, 6:51 pm
For the moment, the legalization of politics, even in the form of data driven analytics, appears still firmly embraced by the governing elites of the United States. [read post]
16 Aug 2015, 9:01 pm by Ronald D. Rotunda
The very first sentence provides, “Federal judges must abide by the Code of Conduct for United States Judges, a set of ethical principles and guidelines adopted by the Judicial Conference of the United States. [read post]
24 Apr 2016, 9:30 pm by Christopher Walker
United States Aid Funds, Inc., a case from the U.S. [read post]