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8 Oct 2015, 9:01 pm
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [read post]
28 Jun 2018, 9:01 pm
Immigration issues have dominated the headlines for the past three weeks, if not longer. [read post]
19 May 2019, 9:01 pm
From the Right and from the Left, legislatures are considering—and in many cases enacting—laws that have no meaningful chance of surviving judicial challenge under the U.S. [read post]
27 Dec 2018, 9:01 pm
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]
24 Jan 2019, 9:01 pm
Last week an Alabama trial court judge (Michael Graffeo) made national news when (literally just minutes before his judicial term expired and he began retirement) he held that the Alabama Memorial Protection Act (AMPA)—which prohibits public jurisdictions within the state from altering or otherwise disturbing public monuments that have been in existence for at least forty years—violated the Fourteenth Amendment free speech and due process rights of the City of Birmingham, which sought to… [read post]
2 Jun 2021, 9:01 pm
High-level university administrators (say, deans, provosts, chancellors, and presidents)—in both private and public institutions—have been asked with increasing frequency in recent years to issue statements on behalf of the academic units/universities they lead concerning national and world events that certainly involve important topics of discourse but that may not have distinctive relevance to academic institutions. [read post]
14 Nov 2018, 9:01 pm
Public attention has recently been focused on this month’s midterm elections, where Democrats have seen results that were even better than reasonably could have been anticipated (and that could soon be better still). [read post]
7 Mar 2019, 9:01 pm
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
30 Aug 2016, 3:52 pm
Equal Pay For Farmworkers Equal Pay For Farmworkers I’m Ed Smith, a Stockton Farming Accident Attorney. [read post]
4 Feb 2015, 1:52 pm
Comm’r Pat.265, 258. [read post]
9 May 2016, 2:19 pm
Jeff Davis, a Pentagon spokesman, said U.S. personnel had been in the country for about two weeks, supporting Yemeni and Emirati forces that are fighting a pitched battle against militants near the southeastern port city of Mukalla. [read post]
9 Aug 2019, 2:31 pm
Betsy Rosenblatt, UC Davis School of Law IP and the Question of Who CreatesWhat’s the difference b/t an inventor and a technician (e.g. calculators in Hidden Figures)? [read post]
30 Nov 2016, 9:00 am
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]
25 Jun 2022, 4:02 am
Jennifer Davis: market for brands is huge and ongoing. [read post]
9 Sep 2016, 12:51 pm
This post examines a recent opinion from the Supreme Court of New Mexico: State v. [read post]
29 Sep 2017, 12:21 pm
R. [read post]
21 Feb 2014, 8:53 am
Aug. 2, 2010) (“[r]eferences to a patient medication guide, because they would imply a duty to warn the patient, would be confusing to the jury and unfairly prejudicial”).Older cases also considered and rejected the same arguments when couched in terms of a “voluntarily assumed” duty:Informational pamphlets, such as provided [the prescriber] by [defendant] for distribution to his patients in the exercise of the doctor’s discretion, can aid in expanding the… [read post]
5 Jun 2014, 12:28 am
Today, a group of over 400 organizations and experts, along with 350,000 individuals, continue to rally in support of the 13 International Principles on the Application of Human Rights to Communications Surveillance (the Necessary and Proportionate Principles) a year to the day after Edward Snowden first revealed how governments are monitoring individuals on a massive scale. [read post]
22 Sep 2013, 8:35 am
This year’s LL.M. class is a diverse and talented group of attorneys with law degrees from the UCLA, the University of Colorado, Indiana University, Vermont Law School, the University of Londrina in Brazil, the University of Arkansas at Little Rock (William Bowen School of Law), Arizona State University, the University of South Carolina, and, our own University of Arkansas School of Law. [read post]
17 Jul 2024, 6:00 am
Inasmuch as the Attorney General's office was not an agency involved in the FOIL request, and is without authority to grant relief requested by petitioner, the Attorney General is not a proper party herein (see Matter of Davis v Evans, 97 AD3d 857, 858 [3d Dept 2012]; Matter of Abreu v Hogan, 72 AD3d 1143, 1144 [3d Dept 2010], appeal dismissed 15 NY3d 836 [2010]). [read post]
