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23 Apr 2019, 9:12 am by Will Baude
We rely on technical domesticating doctrines, themselves rooted in preexisting law, to blunt the practical force of novel originalist arguments. [read post]
11 Mar 2015, 3:30 am by Natasha Chetty
Heath, Switch, New York, Crown Publishing, 2010, p. 211. [read post]
2 Jan 2007, 11:48 pm
This four part series is an expanded version of an article that I wrote for the most recent issue of Law Firm Inc (Nov/Dec 2006, p. 30). [read post]
10 Oct 2008, 5:57 am by neilstewart
I hereby pass the meme on to Tom P, Nick, Dan, Jude and Tom A. [read post]
11 Jun 2015, 5:22 am by Kevin Smith, J.D.
 Worse, to get to this position, the CO presents the HathiTrust case, with its strong affirmation of fair use, as being about “the digitization of millions of non-orphaned works” (p.42). [read post]
21 Mar 2007, 9:06 am
  I have reprinted below excerpts from CJ Roberts' notes on his schedule for today, and now I better understand what's taking so long: Excerpts from CJ Roberts' day-planner for Wed, Mar. 21:6:00am: Wake-up; check How Appealing, SCOTUSblog and Althouse 6:30am: Get kids up for school, pack Spiderman and My Little Pony lunch-boxes 7:30am: Arrive at office; check How Appealing 8:30am: Breakfast meeting with Justices to discuss last night's American Idol 10:00am: Hear… [read post]
16 Oct 2014, 10:54 am by Joe May
“Anti-big money super PAC reels in big money” by Kenneth P. [read post]
21 Feb 2010, 10:12 pm by Tung Yin
According to the ACLU, "[p]ublic schools have a special obligation to ensure an atmosphere that is welcoming to all students and their families regardless of their religious beliefs. [read post]
3 Dec 2009, 9:08 am
" According to Carl Minzer describes it as follows: "[P]etitioning’ [is] a traditional means of seeking justice firmly rooted in Chinese history. [read post]
22 Mar 2021, 6:11 am
This is in many ways an old idea, with its roots going back to the 1980’s and the analysis of joint ventures, but there is renewed interest today for several reasons: (a) that investors have become increasingly diversified and hold portfolios that are similar both to the index and to one another; and (b) the largest institutional investors (Vanguard, BlackRock, and State Street) are often among the largest investors in most publicly traded firms—holding 4-6% of most… [read post]
15 Aug 2012, 9:47 am by Jon
Garner), Reading Law: The Interpretation of Legal Texts, p. 355, where he calls it "strict construction". [read post]
29 Apr 2011, 7:14 am
This sparked off a good deal of discussion from the large body of panellists, most notable of whom was Andrew P. [read post]