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7 Aug 2018, 3:54 am by Edith Roberts
” At Ars Technica, Jon Brodkin writes that “[t]he Trump administration has asked the US Supreme Court to vacate the 2016 court ruling that upheld the Obama-era net neutrality rules in a strategy that could help uphold the Federal Communications Commission’s recent repeal of those rules. [read post]
6 Aug 2018, 9:30 pm by Jonathan H. Adler
Chief Justice John Roberts has suggested that, insofar as Chevron is retained, it needs to be tamed. [read post]
6 Aug 2018, 12:47 pm by Bob Bauer
On this fundamental question of whether he will agree to the interview, he may listen this time to his lawyers and stay away from Robert Mueller—even if he cannot stay off Twitter. [read post]
This mainly focused on the UKSC’s finding that it constitutes direct discrimination on the basis of sexual orientation – and thus a breach of EU law – for the rules of an employer’s contributory benefit scheme to deny payment of a ‘spouse’s pension’ to a surviving member of a same-sex married couple, in circumstances where such a pension would be paid to the surviving member of an opposite-sex married couple. [read post]
6 Aug 2018, 4:29 am by Edith Roberts
” In an op-ed for Fox News, John Yoo and Robert Delahunty contend that the claim by “Senate Democrats … that [Kavanaugh] will destroy affordable health care” “is not supported by records from his many years of government service. [read post]
5 Aug 2018, 9:01 pm by Vikram David Amar
Indeed, all the justices reject the notion of judicial infallibility, and argue strenuously that some past rulings (and the rulings in which they dissent today) are wrong. [read post]
5 Aug 2018, 8:00 am by Kathleen Claussen
This rule would apply to not only Section 232 but also other “unilateral trade actions” that the bill defines. [read post]
3 Aug 2018, 12:35 pm by Hannah Kris
District Court Judge Judge Beryl Howell’s ruling on a motion to quash a subpoena issued by Special Counsel Robert Mueller. [read post]
3 Aug 2018, 7:52 am by Lisa Ouellette
(I'm not sure what Peter's answer is from the abstract, but I haven't been convinced by the "yes" arguments I've seen so far.)Breakout 6 – Tort-Tinged IPBen Depoorter & Robert Walker – Attracting litigation is deployed strategically by IP defendants to attain free publicity.Mark McKenna & Mark Lemley – Courts should avoid conflating an incumbent's desire to prevent disruption with infringement of an IP right by holding… [read post]
3 Aug 2018, 4:24 am by Edith Roberts
American Express Co., in which the court held that Amex’s anti-steering rules do not violate federal antitrust law, “seem to mask is a fundamental clash of principle about the need for judicial intervention in economic markets. [read post]
2 Aug 2018, 11:53 pm by Jim Sedor
The ruling does not affect an additional $4.8 million in clean elections funding that is tied up in a partisan dispute in the state House. [read post]
2 Aug 2018, 9:30 pm by Sarah Madigan
IN THE NEWS Judge Robert S. [read post]
2 Aug 2018, 1:58 pm by Giesela Ruehl
It contains the following articles: Robert Magnus: Der grenzüberschreitende Bezug als Anwendungsvoraussetzung im europäischen Zuständigkeits- und Kollisionsrecht Under Article 81 (1) TFEU, the EU competence for judicial cooperation in civil matters requires ‘cross-border implications’. [read post]
2 Aug 2018, 11:08 am by Victoria Clark
A federal appeals court ruled that President Trump’s executive order withholding funding from sanctuary cities is unconstitutional, reports the Washington Post. [read post]
2 Aug 2018, 6:21 am by Brenna Gautam
Robert Swann responded for the prosecution, arguing that Haspel had simply repeated statements made by Mohammad before a Combatant Status Review Tribunal. [read post]
2 Aug 2018, 4:00 am by SHG
When the Roberts court ruled that the First Amendment prohibited holding the Westboro Baptist Church liable for displaying anti-gay signs outside a military funeral, its rationale would equally protect Revolutionary Communist Party demonstrators holding anti-Christian signs outside the Westboro Baptist Church. [read post]
1 Aug 2018, 1:36 pm by Marty Lederman
There's been an explosion of stories in the past few days about how the Trump Administration is allegedly about to permit people to create "3-D plastic guns" that can't be detected by metal detectors; about a suit by several states to stop the Trump initiative; and about a district court's injunction yesterday, which some critics are (wrongly) describing as a vast "prior restraint" on Internet "speech. [read post]