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1 Apr 2022, 3:04 pm
Less Restrictive Alternatives and the Rule of Reason But even if that weren’t the case, Epic’s claims also don’t make it past step three of the rule of reason analysis. [read post]
15 Aug 2012, 1:14 pm
Cette tête provenait d’une collection particulière. [read post]
18 Apr 2020, 11:50 am
(The court also concluded, though this is a somewhat more esoteric matter, that (3) strict scrutiny wasn't justifiable under the "hybrid rights" theory.) [read post]
16 Mar 2024, 6:35 pm
Cuomo started off with a defeat before a W. [read post]
12 Dec 2011, 2:46 am
” So artists have to get a court order, but Internet access to thieves cannot be cut off no matter how many times they offend. [read post]
9 Mar 2023, 10:00 pm
She asks readers, “[w]hat if an algorithm could achieve perfect accuracy in predicting success in school or at work and this prediction showed that certain groups were more apt for a given task? [read post]
15 Dec 2008, 11:07 pm
The California court thus argued that Brendlin wasn't seized because he didn't submit to the officer's show of authority — the driver did. [read post]
8 Jun 2016, 6:15 am
The matter was then referred to the Department of Justice for an advisory recommendation, as the regulations of the time prescribed. [read post]
29 Oct 2020, 9:01 pm
Most obviously, the question raises separation of powers concerns: the Court will end up either leaving in place a partial statute that Congress didn’t really enact, or invalidating swaths of a statute that Congress did and fully had the power to enact. [read post]
21 Apr 2020, 5:00 am
Post, at 17–18 ("[W]ho can say? [read post]
30 Sep 2013, 7:20 pm
[W]e often take our economic (and social) institutions for granted. [read post]
22 Apr 2021, 5:20 pm
This post summarizes published criminal decisions released by the North Carolina Court of Appeals on April 20, 2021. [read post]
14 Nov 2010, 10:09 pm
The district court judge pitched the case over personal jurisdiction, as well as the service spat, including sua sponte determining that Nuance hadn't even properly served the US Abbyy. [read post]
17 Aug 2018, 1:01 am
The author explains that this change from British law ensured that white masters could retain the value of “increase” when these female slaves gave birth, because as long as the child’s mother was a slave, it wouldn’t matter who the father was. [read post]
26 May 2023, 7:00 am
Fourth, variance matters. [read post]
A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
20 Aug 2024, 6:05 am
That this modest reassertion of congressional authority in matters of war and peace has been stymied is testament to the difficulties of any reform efforts on these matters. [read post]
11 Nov 2013, 9:09 pm
If Congress has the power to exempt religious groups from a law, then, once a group qualifies under the statutory exemption, that must be the end of the matter. [read post]
23 May 2011, 10:28 pm
As a practical matter, though, a state must be responsible for preventing terrorists from using its territory as a base for launching attacks. [read post]
17 Nov 2014, 5:26 pm
After a thorough investigation, the county officials concluded that her use of marijuana was entirely lawful as a matter of California law. [read post]
6 Jul 2021, 4:23 am
Ostrager dismissed most of CIP’s pleading, but denied dismissal of the second cause of action for breach of oral partnership agreement, ruling: “Neither the Letter of Intent . . . nor the letter from Crimson’s counsel, conclusively establishes a defense to the asserted claims as a matter of law at the pre-answer stage of this litigation” (citations and quotations omitted). [read post]
