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1 Feb 2011, 7:47 am by The Legal Blog
Alabama Power Co. (1927) 240 US 30 and held:"We do not think that the reasoning of the High Court is correct. [read post]
17 Jul 2023, 8:32 am by Eric Goldman
’” The Court easily concludes that the Lanham Act does not contain this clear instruction despite its capacious definition of “commerce” in § 1127 as “all commerce which may lawfully be regulated by Congress,” which arguably could include foreign commerce since the Constitution gives Congress the power to “regulate Commerce with foreign Nations. [read post]
8 May 2012, 1:34 pm by Rebecca Tushnet
  Does being a sponsor give you magical safety net powers?) [read post]
1 May 2012, 8:46 pm by Edward A. Fallone
” During this period, the Court was engaged in a quixotic effort to define an intrastate zone of commerce subject to exclusive state control, while simultaneously marking the boundary of an interstate zone of commerce subject to primarily federal control. [read post]
22 Jul 2012, 10:16 pm by tekEditor
Trumping them all was a 2009 article in Scientific American by Mark Jacobson, a professor of civil engineering at Stanford University, and Mark Delucchi, a researcher in transportation studies at the University of California, Davis. [read post]
7 Jun 2020, 7:00 am by Mark P. Lagon, Rachel Sadoff
Daniel Byman *** Dynamic change in Africa is now pivotal in the global balance of power. [read post]
29 Jul 2018, 7:00 am by Paul Staniland
Meanwhile, liberalism, democracy, human rights, and international institutions have not made much of a mark in the region. [read post]
8 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Silvia SuteuTushnet and Bugaric offer a welcome reassessment of our understanding of populism in a constitutional key. [read post]
1 Apr 2021, 5:44 pm by Corynne McSherry
First, Mark Zuckerberg took a new step in his blatant effort to use 230 reform to entrench Facebook’s dominance. [read post]
9 Jun 2017, 10:50 am
The Long Twentieth Century: Money, Power and the Origins of Our Times. [read post]
25 Oct 2016, 7:10 am by J. Dana Stuster
One of his few unqualified successes—for himself, at least—has been his efficient consolidation of power. [read post]
28 Nov 2020, 2:19 pm
  Or put in the terms of power, one shifts, effectively policy power from those who have formal decision making authority to those who control the story (and the analysis) on which such policy is justified. [read post]
17 Jun 2024, 11:36 am by Jonathan Hafetz
In the United States, as Mark Graber notes, disqualification from holding office, whether through impeachment or under Section 3 of the Fourteenth Amendment, is a form of militant democracy, as it denies voters the opportunity to select the candidate of their choice.But disqualification failed. [read post]
28 Apr 2016, 4:40 pm
--> (Pix © Larry Catá Backer 2016) It was my great pleasure to participate in the events marking the inauguration of the Dickson Poon Transnational Law Institute at King's College, and to its organizer, Peer Zumbansen. [read post]
11 May 2017, 10:46 am by Rachel Bercovitz
Bobby Chesney provided a backgrounder on the power of the President to appoint and remove the FBI director. [read post]
24 Jul 2021, 10:53 am by Florian Mueller
" A single truly essential patent (meaning that it can't be worked around) confers gatekeeper-like market power on its owner. [read post]
8 Oct 2021, 8:31 am by Michael C. Dorf
To tie this objection to the constitutional text, one would say that when Article III vests "the judicial power" in federal courts, it vests the power as it was known in 1789.That objection strikes me as misguided. [read post]
2 Sep 2016, 7:13 pm
  They have assumed again that regime change by the instrumental projection of American power abroad (whether hard or soft power) is to be preferred to the organic changes that may inevitably follow within global communities as people engage in sustained interactions in markets for goods, capital, labor and ideas. [read post]
9 Oct 2014, 2:10 pm
 The conflict arises not within the context of federal preemption versus the FDA’s power to regulate, but within the fraud-on-the-FDA type arguments and Plaintiffs’ multi state law failure-to-warn claims. [read post]