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24 Feb 2024, 7:33 am by Peter S. Lubin and Patrick Austermuehle
Their expertise is grounded in a deep understanding of the First Amendment, which plays a central role in libel law in the United States. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
Post’s new book, The Taft Court: Making Law for a Divided Nation, 1921-1930, is the latest installment of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. [read post]
23 Feb 2024, 9:30 pm by ernst
John Mikhail, Georgetown Law, has a post up on Balkinization entitled A Reality Check on "Officers of the United States" at the Founding, in which he draws upon the research he conducted on the phrase in connection with his study of the Necessary and Proper Clause. [read post]
23 Feb 2024, 1:50 pm by David Super
       ALEC also has taken strides in coopting progressives seeking an Article V convention to reverse Citizens United. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Things can be source identifiers, without being commercial source identifiers (United We Stand): confusion but not dilution actionable Jack Daniel’s didn’t purport to decide the full scope of the “noncommercial” exclusion. [read post]
23 Feb 2024, 9:25 am by Holly
The outcome will likely have a lasting impact on the strategic considerations of parties engaged in or contemplating arbitration, reinforcing or reshaping the dynamics of dispute resolution in the United States. [read post]
23 Feb 2024, 8:00 am by Sasha Volokh
Dale to get out from under Students for Fair Admissions] I have a new draft up on SSRN, called The First Amendment Right to Affirmative Action. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
Furthermore, Story would expressly engage in a discussion of the Constitution's "officers of the United States"-language and "office under the United States" three sections later: in Section 791. [read post]
As the threatened attacks in Rafah have begun, killing untold numbers of civilians, including children, we call on the international community and member states of the UN to act with the utmost urgency to fully ensure respect for the provisional measures ordered by the International Court of Justice (ICJ) in the case regarding the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. [read post]
21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
”[20] Israel also stated that any allegations of genocidal intent are negated by “(1) Israel’s restricted and targeted attacks of legitimate military targets in Gaza; (2) its mitigation of civilian harm by warning them through leaflets, radio messages, and telephone calls of impending attacks; and (3) its facilitation of humanitarian assistance. [read post]
21 Feb 2024, 5:51 pm by Daphne Keller
Since publishing it, I've put out another Lawfare post exploring in more depth the idea that the states' laws might somehow make platforms carry important speech without also making them carry what the Fifth Circuit called "vile" speech. [read post]
21 Feb 2024, 5:51 pm by Daphne Keller
Since publishing it, I've put out another Lawfare post exploring in more depth the idea that the states' laws might somehow make platforms carry important speech without also making them carry what the Fifth Circuit called "vile" speech. [read post]