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See(2)(A) You Later: Supreme Court Holds that DOJ Has Broad Dismissal Authority Even After Unsealing
21 Jun 2023, 9:59 am
Nevertheless, the Court agreed with the Third Circuit that § 3730(c)(2)(A) motions will generally satisfy FRCP 41 “in all but the most exceptional cases” because the Government’s views are entitled to “substantial deference. [read post]
21 Jun 2023, 6:38 am
Contrary to the view of some commentators, I also argue that the Jack Daniel’s opinion suggests the Court believes the First Amendment imposes significant limits on the scope of trademark rights. [read post]
20 Jun 2023, 7:09 pm
This scholarly fixation on Muslim masculinity first, isolates Muslim men as the presumptive targets of Islamophobia; second, overlooks the distinct ideas that drive “feminine Islamophobia” and the specific injuries it levies upon Muslim women; and third, perpetuates the erasure of female experiences with systems of Islamophobia from scholarly view. [read post]
20 Jun 2023, 6:07 am
My own opinion is more nuanced and attempts to bridge the vast chasm between these two opposing views. [read post]
20 Jun 2023, 5:58 am
Recent weeks have seen a flurry of investigative activity on Capitol Hill, including probes by House committees into Hunter Biden and Manhattan District Attorney Alvin Bragg’s New York indictment of former president Donald Trump, demands by Senate committees for information about Supreme Court ethics rules and gifts received by Justice Clarence Thomas, a subpoena from the House Foreign Affairs Committee to obtain access to a key State Department document regarding the Afghanistan… [read post]
19 Jun 2023, 8:56 pm
" And in 1996, Walter Dellinger, as head of OLC, repudiated Barr's views. [read post]
19 Jun 2023, 11:15 am
” Justices Clarence Thomas and Samuel Alito dissented. [read post]
19 Jun 2023, 6:30 am
Many other episodes are well known, but take on a subtly and significantly different cast when viewed, as Professor Fritz views them, as part of a pattern of a particular form of state resistance. [read post]
19 Jun 2023, 4:52 am
”Notably, that is the view of many athletic organizations. [read post]
19 Jun 2023, 12:00 am
Thomas-Rasset was found liable for reproducing and distributing the recordings, and the jury awarded a total of $222,000 in statutory damages. [read post]
18 Jun 2023, 9:00 pm
As I note in the column, Thomas leaves open the theoretical possibility that he would vote to uphold qui tam actions, but he pretty strongly tilts in the other direction. [read post]
17 Jun 2023, 4:30 pm
[Justice Thomas would place the burden on the government, and follow a presumption of liberty.] [read post]
16 Jun 2023, 12:04 pm
The Supreme Court had an energetic oral argument with divergent views and questions advanced by the Justices. [read post]
16 Jun 2023, 11:54 am
The Supreme Court had an energetic oral argument with divergent views and questions advanced by the Justices. [read post]
16 Jun 2023, 11:47 am
Still, Kagan made clear, government motions to dismiss “will satisfy Rule 41 in all but the most exceptional cases,” and the government’s views are entitled to substantial deference. [read post]
16 Jun 2023, 11:46 am
The Supreme Court had an energetic oral argument with divergent views and questions advanced by the Justices. [read post]
15 Jun 2023, 3:20 pm
Here, Gorsuch did not rule against a Tribe, because, in his view, ANCs are not actually tribes. [read post]
15 Jun 2023, 10:23 am
Justice Thomas is the only Katz dissenter still on the Court. [read post]
15 Jun 2023, 6:17 am
Carr, Thomas A. [read post]
14 Jun 2023, 11:00 pm
DEATH PUTS A STOP TO EVERYTHINGIn Thomas v. [read post]
