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19 Jul 2021, 3:20 pm by Eugene Volokh
Sullivan (1963), where a state commission threatened to prosecute stores that sold books that it viewed as pornography (including books that were actually protected by the First Amendment). [read post]
21 Jan 2015, 12:12 am by Rory Little
  If the Court were to accept that view, then the “detention for dog sniff without suspicion” question would presumably be moot. [read post]
22 Dec 2022, 3:10 pm by Eugene Volokh
Others provided alternative means for the public to observe proceedings, such as livestreaming a video or audio feed to another location within the courthouse or over the internet, so that members of the public could view, or in some instances at least listen, to the trial as it was happening. [read post]
10 Apr 2019, 12:00 am by Thomas G. Heintzman
The view that a negative jurisdictional decision is a final award and subject to appeal under Article 34 is apparently shared by Gary Born as expressed in International Commercial Arbitration (2nd ed., 2014, Vol. 1, p. 1104). [read post]
6 Feb 2024, 7:20 am by Will Baude
And interpreters must resist the temptation to assume that their own views are so obviously correct that all opposing views are in this category – thinking, I am so surely right, that if I were wrong, somebody would have said so! [read post]
12 Mar 2010, 2:11 pm by ToddHenderson
Other countries don’t let Nazi’s march because they (rightfully) view their ideas as repugnant. [read post]
18 Aug 2022, 12:26 pm by Josh Blackman
Ct. 1780, 1784 (2019) (Thomas, J., concurring) ("[F]urther percolation may assist our review of [an] issue of first impression . . . . [read post]
12 Sep 2019, 1:02 pm
(Pix Credit Here: Carnival Cruises Faces More Lawsuits over Cuba Trips)It has been only several months since the Trump Administration announced that it would no longer suspend the U.S. law provisions that allow lawsuits in U.S. courts against foreign companies in Cuba that use properties confiscated from Cuban Americans and other U.S. citizens after 1959 (discussed here: The Pivot Toward the Caribbean: Announcement of Permission to Sue Anyone Using American Property Confiscated by Cuba and the… [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
  Do “we” ourselves often change our minds when reading legal opinions authored by, say, Samuel Alito or Clarence Thomas? [read post]
29 Apr 2022, 7:54 am by Gus Hurwitz
My conclusion is based primarily in the Court’s view that administrative antitrust would prove less indeterminate than judicially defined antitrust law. [read post]
13 Jul 2015, 10:40 am by Guest Blogger
” And he’d wind up with: “If there are other ways of gracefully and good-naturedly surrendering former views to a better considered position, I invoke them all. [read post]
9 Aug 2014, 8:16 am
At the same time, SWFs have come to view IFIs, like the World Bank, as a potential investment aggregator and conduit.[31]This essay takes a first look to the way in which IFIs have also begun to use SWFs in their interactions, with a emphasis on developing states. [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
Justices Gorsuch and Thomas further argued that those confronted by such a government message had suffered no cognizable injury and thus lacked Article III standing. [read post]
2 Jun 2017, 1:34 pm by Josh Blackman
In my view, a careful review of Mandel and its progeny is essential to understanding where the Fourth Circuit deviated from precedent. [read post]
22 Apr 2018, 1:30 pm by Marty Lederman
  The injunction, on this view, is invalid as to “numerous other aliens abroad to whom respondents have no connection whatsoever. [read post]
20 Jul 2022, 12:02 pm by Quinta Jurecic, Natalie K. Orpett
First, investigators led by federal prosecutor Thomas Windom are looking into the Trump campaign’s scheme to create slates of unofficial pro-Trump electors—“fake electors,” as they’re often referred to in the press—as part of a plot to keep Trump in power. [read post]
30 Nov 2016, 9:00 am by David Kimball-Stanley
Thomas Massie (R-KY), argued that Congress did not delegate to the State Department the power to “regulate domestic public speech,” and further that the State Department’s reading of the law would chill innovation. [read post]
31 Aug 2020, 7:32 pm
Extraterritoriality is viewed as a means of avoiding the impunity that arises from the governance gaps that are the inevitable consequence of global production chains overlying state based territorially constrained authority (Deva 2004). [read post]