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5 Mar 2024, 9:26 am by Eleonora Rosati
As such, they should not face the difficulties and – bluntly put – resistance that, instead, they have been encountering across multiple national courts.The recent and somewhat ‘twin’ decisions of the Rome Court of First Instance in RTI v Vimeo (decision 5700/2023) and RTI v V Kontakte (decision 14531/2023) are examples of both a misunderstanding and misapplication of CJEU case law, notably the 2021 judgment in YouTube, C-682/18 and C-683/18 [IPKat… [read post]
5 Mar 2024, 8:13 am by Marty Lederman
Here are a few preliminary thoughts about the Court’s decision yesterday in Trump v. [read post]
4 Mar 2024, 10:59 am by Thorin Klosowski
The NSA has a long history of spying on Americans, but we hadn't gotten to Jewel v. [read post]
28 Feb 2024, 6:36 am by Guest Author
It seems hard to argue that one of the most cited administrative law cases of all time did not change anything. [read post]
26 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).Robert Post             Oliver Wendell Holmes, Jr., who devised the funds (symbolically) supporting the volume discussed in this symposium, lived most of his life in the shadow of his rock star father, Oliver Wendell Holmes, Sr. [read post]
26 Feb 2024, 3:37 am by SHG
’ And a student raises his hand and he asks, ‘Why? [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
Introduction: Jeanne Fromer Private actors pursue their own interests. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Romag is a clear example: there’s a complicated history, and figuring out how to think about it in light of TM’s evolution over time is hard. [read post]
23 Feb 2024, 7:30 am by Guest Blogger
Society of Sisters, on the one hand, and the Roberts Court’s protections of freedom of speech and religious liberty in 303 Creative v. [read post]
21 Feb 2024, 5:51 pm by Daphne Keller
But at the level of optics it would look even-handed, and deal a legal blow to platforms to satisfy popular demand and "balance out" last term's cases. [read post]
21 Feb 2024, 6:30 am by Guest Blogger
Supreme Court handed down its decision in Adkins v. [read post]
20 Feb 2024, 7:48 am by Amy Howe
The number of offers made to Black and Hispanic students, on the other hand, roughly quadrupled. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]