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10 Oct 2024, 2:05 pm by John Elwood
In dissent, Judge Stephen Menashi wrote that “the Constitution contains no Fake Park Exception to the public use requirement of the Takings Clause,” and that a park does not satisfy the public-use requirement when its actual purpose and but-for cause is stopping lawful activity. [read post]
10 Oct 2024, 1:51 pm by Ilya Somin
Also, it is not certain the Supreme Court will apply MQD as aggressively when it comes to tariffs and other international relations issues, as it does elsewhere. [read post]
10 Oct 2024, 1:45 pm by Jon Brodkin
The FCC does not and will not revoke licenses for broadcast stations simply because a political candidate disagrees with or dislikes content or coverage. [read post]
10 Oct 2024, 1:35 pm by Eugene Volokh
" … Third, although Delaware does exercise some control over the vanity license plates it issues, that regulatory control alone is insufficient to transform private messages into government speech…. [read post]
10 Oct 2024, 1:09 pm by Rick Hasen
Here is the abstract: Does Congress have authority to pass legislation regulating the counting of electoral votes? [read post]
10 Oct 2024, 1:07 pm by Matt Roberts
In addition, he allegedly claimed personal expenses as deductions against the income, which federal tax law does not allow. [read post]
10 Oct 2024, 12:45 pm by Connor S. Williams
You would then have to come back at the patent examiner and say “no actually my way is new, I dangle my mallows from a drone above the fire and this U.S. 20210018180 reference does not do that”, and without being able to respond in this manner (showing what you’ve done that is different from the prior art), it could make getting a patent very difficult. [read post]
10 Oct 2024, 10:53 am
So now defendant has to move to deem the answers admitted, which it does. [read post]
10 Oct 2024, 10:21 am by Nick Pappas and Krista Bolles
  Although for now the Federal Trade Commission Act does not prohibit the use of non-compete agreements,... [read post]
10 Oct 2024, 10:11 am by Matthew J. Roberts, Esq.
Rivani determined the assault was Doe’s fault and scheduled Doe and Jackson together the next day. [read post]
A federal court in New York ruled for the defendant, holding that RICO does not provide a cause of action for personal injury claims—but the Second Circuit reversed, holding that Horn’s economic losses could form the basis of a RICO claim. [read post]
10 Oct 2024, 9:49 am
That's so funny — makes me think of Batman, James Bond — and Trump does have great enemies. [read post]
10 Oct 2024, 9:21 am by Whitney Hodges and Lauren Chang
Despite strenuous opposition from both the state’s real estate and business communities,1 near the end of the 2024 Legislative cycle, California Governor Gavin Newsom signed into law Assembly Bill 98 (“AB 98”) – a bill that, among other things, creates buffer zones and imposes other statewide design and build standards around new warehouse development.2 The bill, which overrides local land use programs, segregates these standards based on warehouse sizes and location within… [read post]