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This principle is embedded throughout the Constitution, from its Equal Protection Clauses to the Domestic Emoluments Clause, which Alexander Hamilton explained was designed to prevent the president from “renounc[ing] or desert[ing] the independence intended for him by the Constitution” through, for example, states competing to “appeal[] to his avarice. [read post]
2 Nov 2010, 1:40 am
At the hearing, Apotex argued that U.S. [read post]
11 Dec 2018, 5:31 am by Barry Sookman
This was rejected in 2012 after being opposed by the creative sector.[5] The argument that Canada’s adoption of fair use would just align Canada’s fair dealing with U.S. fair use fails to recognize the prejudice to rights holders. [read post]
31 Oct 2018, 11:21 am by John Elwood
Court of Appeals for the 9th Circuit is “continu[ing] to defy decades of clearly established jurisprudence on qualified immunity. [read post]
20 Jul 2013, 10:39 am by Larry Catá Backer
  Dynamic Societal Constitutionalism: Transnational corporations’ outward expression of inward self-constitution: The enforcement of  human rights by Apple, Inc. [read post]
26 Jul 2020, 5:08 am by Eugene Volokh
[California, Colorado, Connecticut, Louisiana, Minnesota, Missouri, Nebraska, Nevada, South Carolina, Utah, West Virginia, Ann Arbor, Seattle, Madison, and Guam] [This is a serialization, with slight updates, of my 2012 article on the subject; for the Introduction (which also discusses my ambivalence about such laws), see this post.] [read post]
11 Apr 2019, 8:30 am by Eugene Volokh
To be sure, these injunctions are imperfectly worded—the prohibition shouldn’t cover “scandalous” statements or “harass[ing]” posts or “molestation. [read post]