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Giving Up on the Supreme Court is the Beginning, Not the End, of Progressive Constitutional Theory in the 21st Century
19 Jan 2023, 8:00 am by Guest Blogger
  The parties debated them forcefully on the House and Senate floor, in state houses, and in campaigns up and down the ballot. [read post]
Balkinization - http://balkin.blogspot.com/
Expert Recap and Analysis of Halkbank Oral Argument at the Supreme Court
19 Jan 2023, 5:00 am by Chimène Keitner
(Halkbank) v. [read post]
Just Security - https://www.justsecurity.org/
Attorney Andrew Walker wins a court victory allowing a homeowner in Coon Rapids, and anywhere in Minnesota to keep home sale proceeds
18 Jan 2023, 11:57 am by Walker & Walker Law Offices
This is a core proceeding under 28 U.S.C. [read post]
Bankruptcy Truth Blog - http://bankruptcytruth.com/blog
"no preservatives" plausibly misleading where ingredients had preservative function
18 Jan 2023, 10:24 am by Rebecca Tushnet
Kelly v. [read post]
43(B)log - http://tushnet.blogspot.com/
Legitimating and Delegitimating Constitutional Theory (cross-posted on Balkinization)
18 Jan 2023, 5:00 am by Michael C. Dorf
Thus, for example, Justice Thomas (in his concurrence in United States v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
False CMI isn't plausibly related to consumers' decisions to buy/watch TV show
17 Jan 2023, 2:26 pm by Rebecca Tushnet
Livn Worldwide Ltd. v. [read post]
43(B)log - http://tushnet.blogspot.com/
CMS Issues CY2024 Proposed Rule for Medicare Advantage Organizations and Part D Sponsors
17 Jan 2023, 11:09 am by Christine Clements and Sheela Ranganathan
These changes are: (1) requiring plan sponsors to target all core chronic diseases identified by CMS, codifying the current 9 core chronic diseases and adding HIV/AIDS for a total of 10 core chronic diseases; (2) lowering the maximum number of covered Part D drugs a sponsor may require from 8 to 5 drugs and requiring sponsors to include all Part D maintenance drugs in their targeting criteria; and (3) revising the methodology for calculating the cost threshold ($4,935 in… [read post]
Government Contracts Blog - https://www.governmentcontractslawblog.com/
Legitimating and Delegitimating Constitutional Theory
17 Jan 2023, 6:30 am by Guest Blogger
Thus, for example, Justice Thomas (in his concurrence in United States v. [read post]
Balkinization - http://balkin.blogspot.com/
Introduction to the Symposium on Networks, Platforms, and Utilities: Law and Policy, by Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand
17 Jan 2023, 5:00 am by Guest Author
” F.C.C. v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
House Bill Would Criminalize Social Media Postings Supporting “White Supremacy” or “Replacement Theory”
17 Jan 2023, 4:51 am by jonathanturley
It is a criminal hate speech law that would violate core principles of the First Amendment. [read post]
Jonathan Turley - https://jonathanturley.org/
The Management of Misery and the Risks to Cuban Stability: Brief Reflections on Domingo Amuchastegui, "Mirando a Cuba el el 2023" ["A Look at Cuba in 2023]
15 Jan 2023, 6:33 pm
It is important, though, to keep in mind that those policy choices that produce long lines, scarcity, and infrastructure inefficiencies may be as important to the stability of the current government as it contributes to the protection of its theoretical and operational core (and thus the position and prerogatives of those with a hand in managing the state). [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
Justices will consider reviving lawsuit from deaf student who was denied sign-language interpreter
14 Jan 2023, 12:31 pm by Amy Howe
ShareOn Wednesday, in Perez v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Does it really take a Theory to beat a Theory?
14 Jan 2023, 6:30 am by Guest Blogger
I offer a couple of examples, written by Chief Justice Hughes (who was no slouch as a lawyer), out of many that could be deployed.[12]  Wood v. [read post]
Balkinization - http://balkin.blogspot.com/
Poor Form By Former NY Judges
14 Jan 2023, 4:01 am by SHG
Hell, Brown v. [read post]
Simple Justice - http://blog.simplejustice.us
Global Freedom of Expression, Columbia University: Newsletter w/e 14 January 2023
13 Jan 2023, 4:10 pm by INFORRM
UgandaUnwanted Witness-Uganda v. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
Turkiye Halk Bankasi A.S. v. United States, Part 2: What to Do If the FSIA Does Not Apply?
13 Jan 2023, 9:37 am by Curtis Bradley, Jack Goldsmith
The core problem with this approach, as we have explained in detail in other writings, most recently here, is that it would be completely inconsistent with the nature of post-Erie federal common law. [read post]
Lawfare - http://www.lawfareblog.com/
The State of Constitutional Theory
13 Jan 2023, 6:30 am by Guest Blogger
  John Ely cast his representation-reinforcement theory partly as a defense of Warren Court liberalism, though he rejected Roe v. [read post]
Balkinization - http://balkin.blogspot.com/
[Eugene Volokh] Pennsylvania Court on "Obscene Language" and Criminalizing Fighting Words
13 Jan 2023, 6:04 am by Eugene Volokh
From Commonwealth v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Court Rejects Challenge to California's Disclosure of Certain Gun Owner Records to Researchers
12 Jan 2023, 7:54 pm by Eugene Volokh
Heller (2008) and in McDonald v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
U.S. Court of Appeals for the Eighth Circuit, V.D. v. E.G., Docket No. 21-1289
12 Jan 2023, 3:40 pm
” Monasky v. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/