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9 Aug 2016, 9:01 pm by Michael C. Dorf
Indeed, the harm from the granting of the stay—in the form of shame and potentially worse for G.G. [read post]
14 Oct 2011, 6:59 am by Tom Goldstein
Steve Wermiel has a terrific introduction to the case and how it relates to the Court’s affirmative action jurisprudence here. [read post]
14 Apr 2010, 2:59 am
  But one of Gilley's sons refuses to try it based on warnings about its potentially harmful or fatal consequences. [read post]
7 May 2012, 6:51 am by Rebecca Tushnet
  Mobility owns Stile Products, which sells Tern bicycles; Stile’s president is a former DNA officer, Steve Boyd. [read post]
9 Jun 2017, 11:29 am by Timothy Edgar, Susan Hennessey
As Steve Vladeck notes, the only even remotely plausible statute under which Comey’s conduct might be criminal is 18 U.S.C. [read post]
2 Oct 2015, 7:31 am by Rebecca Tushnet
Proximate cause/negligence analogy: P must show that the harm is foreseeable; proximate cause serves the function of relieving D from liability resulting from harm unrelated to the reason for the rule. [read post]
3 Jun 2013, 1:30 am by Kevin LaCroix
The city avoided possible harm to the bond investors by entering into separate settlement with the IRS and by restructuring a portion of the offering. [read post]
16 Oct 2019, 2:36 pm by Sophia Cope
Reddit’s Steve Huffman echoed McSherry’s defense of Section 230 (PDF), noting that its protections have enabled the company to improve on its moderation practices over the years. [read post]
28 Aug 2020, 1:13 pm by Richard Altieri, Benjamin Della Rocca
The Trump administration’s clampdown could inflict serious harm on Huawei, perhaps even jeopardizing its role as a major global producer of 5G technology. [read post]
17 Apr 2015, 12:03 pm by Rebecca Tushnet
 Steve Tapia, Seattle University: Judge’s statement: it all comes down to whether you took too damn much. [read post]
11 Mar 2020, 6:30 am by Guest Blogger
            Norton’s important book culminates a long tradition of worrying about government speech, a tradition going back at least as far as Steve Shiffrin’s and Mark Yudof’s scholarship of almost forty years ago.[23] But whether it be Shiffrin and Yudof’s slightly hedged calls for more constitutional (and judicial scrutiny) of government speech then, or Norton’s even more nuanced treatment now, the basic… [read post]
28 Mar 2016, 10:37 am by Steve Slick
PDF version A Review of Michael V. [read post]
24 Mar 2014, 10:56 am by Marty Lederman
  "[T]he precise religious [religious] exercise at issue here," the brief explains, is that "the Greens cannot in good conscience direct their corporations to provide insurance coverage for the four drugs and devices at issue because doing so would 'facilitat[e] harms against human beings.' [read post]
18 Jan 2022, 3:29 pm by Dirk Auer
As Geoff Manne concludes, the notion that it is harmful (notably to innovation) when platforms enter into competition with edge providers is entirely speculative. [read post]
26 May 2015, 8:19 am by Rebecca Tushnet
Library of Congress DMCA exemption hearings Proposed Class 25: Software – security researchThis proposed class would allow researchers to circumvent access controls in relation to computer programs, databases, and devices for purposes of good-faith testing, identifying, disclosing, and fixing of malfunctions, security flaws, or vulnerabilities. [read post]
15 Jun 2022, 4:03 am by Michael C. Dorf
There's as much or more to be gained by mitigating the harm from an authoritarian regime as from a terrible but temporary administration in a still-functioning democracy. [read post]
20 Mar 2019, 7:53 pm by Ilya Somin
Undermining judicial independence might be a feature of court-packing rather than a bug if you believe that judicial review does more harm than good, in any event (as do a few legal scholars on both the right and the left). [read post]
15 Sep 2021, 4:30 am by Eric Segall
 Professor Will Baude, who along with Professor Steve Sachs, has been flooding the law reviews with arguments that "originalism is our law," relied on Justice Kagan’s testimony in his seminal piece on originalism in the Columbia Law Review. [read post]
28 Oct 2022, 1:50 pm by William Appleton
Cox discussed the Department of Defense’s Civilian Harm Mitigation and Response-Action Plan and argued that striking a balance between civilian protection and operational effectiveness is essential for effective implementation. [read post]