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17 Jan 2024, 5:04 am by Guest Author
The parties’ briefing in Loper Bright and Relentless[1] has utterly ignored statutory sections—and one section in particular—that are crucial for understanding both why the government should lose these cases and, more importantly, why the Chevron doctrine[2] cannot and should not survive in an era of textualism. [read post]
9 Aug 2016, 10:44 am by Chris Castle
As a consequence, this was a subject matter that was innately interest- ing to me and an industry sector that I was familiar with. [read post]
21 May 2012, 2:15 pm by Matthew Bush
MattosDocket: 11-1032Issue(s): Whether the officers’ use of a Taser on Jayzel Mattos was excessive force under the Fourth Amendment to the U.S. [read post]
25 Jun 2023, 5:55 pm by Aaron Moss
But here we are, and to quote our current president, “This is a Big F–ing Deal. [read post]
10 Dec 2023, 9:17 am by Eric Goldman
” The plaintiff tries to get around this factor by arguing: Amazon contributes to the dissemination of the offending content by “creat[ing] promotional emails and search engine marketing content” that brings traffic to its website; “controls all customer service and returns and responds directly to consumers who leave negative reviews for products”; and “has a special badge called Amazon’s Choice, which endorses products. [read post]
IN A DIFFERENT VOICEJustice O'Neill's recent announcement that she will not seek re-election in 2010 adds something of a parting-shot quality to her vigorous dissent to the Court's disrespect for precedent and for trial courts' traditional discretion in deciding whether or not to grant a new trial in the interest of justice. [read post]
24 Aug 2015, 7:11 am by Rebecca Tushnet
United Foods, Inc., 533 U.S. 405 (2001), and corporations generally have free speech rights. [read post]
2 Jul 2018, 4:07 am by Marty Lederman
Make no mistake, however:  As Justice Kennedy himself unambiguously signals in his separate opinion, the President is, indeed, “disregard[ing] the Constitution and the rights it proclaims and protects” (Kennedy op. at 1), and thereby violating his oath of office, by continuing to enforce the Travel Ban. [read post]
26 Mar 2020, 4:23 pm by Eugene Volokh
Jews for Jesus, Inc., 482 U.S. 569 (1987), where the Court struck down an LAX airport policy that prohibited (literally) all "First Amendment activities" on [read post]
18 Jul 2024, 7:59 am by Eugene Volokh
In particular, the names of the parties are often key to investigating the case further—for instance, by helping reporters and researchers who are considering writing about the case (and who are thus "oversee[ing] and monitor[ing] the workings" of the court system in the case) answer questions such as: Is the case part of a broad pattern of litigation by, say, an ideological advocate, a local businessperson or professional with an economic interest in the cases, or… [read post]
6 Nov 2015, 8:57 am by John Elwood
Tuomi challenges U.S. [read post]
26 Jul 2023, 9:01 pm by renholding
The narrow law enforcement exception to the four-day reporting requirement is available only if there is a “substantial risk to national security or public safety” and only with the approval of the U.S. [read post]
2 Dec 2023, 2:29 pm by Eugene Volokh
For example, it could do so by "purchasing information from data brokers (a practice in which U.S. intelligence agencies also engage), conducting open-source intelligence gathering, and hacking operations like China's reported hack of the U.S. [read post]