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The Problems with the SCOTUS ‘Good Neighbor’ Arguments
26 Feb 2024, 7:53 am by Guest Contributor
Circuit is considering direct challenges to the Good Neighbor Rule (Utah v. [read post]
Legal Planet - https://legal-planet.org/
Response to Commentators
26 Feb 2024, 6:30 am by Guest Blogger
As Purcell recounts, the Taft Court understood itself as an unmediated channel for the values and mores of the American people. [read post]
Balkinization - http://balkin.blogspot.com/
Who Will Teach The Teachers?
26 Feb 2024, 3:37 am by SHG
And don’t get me started on the Reasonably Scared Cop Rule of Graham v. [read post]
Simple Justice - http://blog.simplejustice.us
AI and Artists’ IP: Unpacking Copyright Infringement Allegations in Andersen v. Stability AI Ltd.
26 Feb 2024, 12:28 am by centerforartlaw
This text explicitly references copyright and trademark law: the permission MoMA received from the copyright owners to reproduce an image of the work on their website, as well as the license acquired to reproduce the trademarked Campbell’s logo.[12] When the author entered the text prompt, “tomato soup cans in the style of Andy Warhol,” DreamUp outputted a series of images evoking the iconic Campbell’s cans and logo, even though the author did not input… [read post]
Center for Art Law Blog - http://itsartlaw.com
TMSR Session 3: Private Actors…and their Machines
24 Feb 2024, 1:10 pm by Rebecca Tushnet
We consider that TMs have costs as well as benefits; we should think about the costs as well as benefits of these proxies. [read post]
43(B)log - http://tushnet.blogspot.com/
Silver Bullet Divorce In Illinois
24 Feb 2024, 7:49 am by Russell Knight
” People v. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
The Taft Court: Law, History, and the Jurisprudence of Federalism
24 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]
Balkinization - http://balkin.blogspot.com/
Is There A First Amendment Right To Affirmative Action?
24 Feb 2024, 3:10 am by SHG
If accepted, can this argument be used to discriminate against black people, women, gay people and transgender people? [read post]
Simple Justice - http://blog.simplejustice.us
[Steven Calabresi] Former President Donald Trump's New York State Civil Fraud Verdict
23 Feb 2024, 3:39 pm by Steven Calabresi
 Corfield v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Increasingly Brazen Article V Convention Advocates Smell Victory Even as States Reject Them
23 Feb 2024, 1:50 pm by David Super
  Many of these same people likely would become delegates in an actual Article V convention. [read post]
Balkinization - http://balkin.blogspot.com/
15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)
23 Feb 2024, 1:43 pm by Rebecca Tushnet
That could also address some of the Article III standing issues I’ve been encouraging people to raise. [read post]
43(B)log - http://tushnet.blogspot.com/
Social media content moderation laws come before Supreme Court
23 Feb 2024, 1:14 pm by Amy Howe
NetChoice v. [read post]
SCOTUSblog - http://www.scotusblog.com/
The Taft and Roberts Courts’ Quests for Returns to Conservative “Normalcy”: A Comment on Robert Post’s The Taft Court
23 Feb 2024, 7:30 am by Guest Blogger
Though Robert notes that he began working on the book 35 years ago (xxv), he has borne that burden well. [read post]
Balkinization - http://balkin.blogspot.com/
Wednesday’s Good Neighbor Argument Showed Why the Supreme Court Should Not be a Court of First Instance in Complex Administrative Law Cases, by Megan M. Herzog and Sean H. Donahue
23 Feb 2024, 5:38 am by Guest Author
On Wednesday, the Supreme Court heard oral arguments on a set of stay applications, consolidated under the caption Ohio v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Can the Charter Protect Canadians Against Climate Change?
23 Feb 2024, 4:00 am by West Coast Environmental Law
La Rose v. [read post]
Slaw - http://www.slaw.ca/
[Josh Blackman] A Response to Professor John Mikhail on "Officers of the United States"—Part II
22 Feb 2024, 2:04 pm by Josh Blackman
Today, people may assume that the American system never allowed such a broad conception of impeachment. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Legal Legends Share Wisdom, Stories
22 Feb 2024, 2:01 pm by Melody McDonald Lanier
Clifford Davis in the “heart of the hood” and represented poor people in all aspects of law – criminal, civil, probate. [read post]
Versus Texas Criminal Defense Blog - https://www.versustexas.com/blog/
The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-Claims Rule
22 Feb 2024, 12:47 pm by Alden Abbott
Supreme Court, however, held in AMG Capital Management LLC v. [read post]
Truth on the Market - http://truthonthemarket.com/
“The time for decisive action is now”: Former U.N. Experts Open Letter on Rafah
22 Feb 2024, 12:08 pm by 22 Former United Nations Special Rapporteurs
We also note the statement of Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, on 13 February: …More than half of Gaza’s population – well over 1 million people – are crammed in Rafah, staring death in the face: They have little to eat, hardly any access to medical care, nowhere to sleep, nowhere safe to go. [read post]
Just Security - https://www.justsecurity.org/
Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox
22 Feb 2024, 12:06 pm by Eric Goldman
” In a prior case (BMG v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/