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21 Jun 2022, 6:30 am by Guest Blogger
My “contextualist” study of all relevant eighteenth-century linguistic and legal sources revealed the ICC’s original meaning to ordinary readers, its drafters’ intent, and its ratifiers’ understanding.[15]First, Congress could regulate “commerce” – the voluntary sale of goods and services and accompanying activities intended for the market – but not purely cultural, moral, and social matters.[16]Second, such “commerce” had to… [read post]
17 Jun 2022, 2:09 pm by admin
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
17 Jun 2022, 5:01 am by Eugene Volokh
[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] [read post]
The SEC explained: [W]e believe that NEPA requires and authorizes the Commission to consider the promotion of environmental protection along with other considerations in determining whether to require affirmative disclosures by registrants under the Securities Act and the Securities and Exchange Act . . . . [read post]
15 Jun 2022, 5:13 am by Allan Blutstein
Section 1.4(e) of Executive Order 13,526 already allows agencies to classify “scientific, technological, or economic matters relating to the national security. [read post]
9 Jun 2022, 12:30 am by Florian Mueller
When Ericsson argued that Apple’s agreement to be 'bound' in the -376 action 'should mean that Apple would perform under Ericsson's offered contract if that offer is adjudicated FRAND,' Apple resisted vehemently, arguing that the -376 action would serve to 'determine[e]…FRAND terms' that could be used by the parties in a global cross-license. [...] [read post]
8 Jun 2022, 4:00 am by Administrator
., 2022 SCC 24 [52] First and foremost, this appeal turns on the due operation of appellate deference in child custody matters. [read post]
7 Jun 2022, 8:29 am by Eugene Volokh
"[W]e have only one political party in this country, the Democrats. [read post]
28 May 2022, 7:51 am by Eric Segall
Really.In related news, see number 10 below.10) Justice Thomas has voted to strike down every affirmative action law he has ever passed on based on a principle of "color-blindness" that is nowhere found in the Constitution's text and is unjustifiable as a matter of original meaning. [read post]
28 May 2022, 5:54 am by Russell Knight
” 750 ILCS 5/403(e) A bifurcated divorce merely resolves the grounds for divorce and issues the judgment for dissolution of marriage. [read post]
26 May 2022, 9:01 pm by Hester M. Peirce
What do you do to make your product or service line up with E, S, or G, as you have defined it for that product or service? [read post]