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Judge Windsor held that Disney lacked standing to sue DeSantis because even though Disney had articulated an injury—a loss of control over the governing board and its land-use decisions—that injury was not fairly traceable (as Article III requires) to any future (and thus injunction-worthy) actions of the governor, either in his making appointments to the board or, as Disney alleged, his exercising influence over it. [read post]
24 Feb 2024, 7:49 am by Russell Knight
Harassment does not necessarily require an overt act of violence. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
That could also address some of the Article III standing issues I’ve been encouraging people to raise. [read post]
23 Feb 2024, 8:00 am by Sasha Volokh
Suppose you're a private-university president who wants to have affirmative action for faculty hiring or student admissions (or both). [read post]
16 Feb 2024, 5:44 pm
Again, we have come to bury Cuba's Caribbean Marxism, not to praise it (William Shakespeare, Julius Caesar Act III, scene II). [read post]
16 Feb 2024, 12:30 pm by John Ross
When two people share a home and they disagree on whether to consent to a search, does the Fourth Amendment allow the police to search? [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
”  Justice Kagan then proceeded to get right to the practical concern that is obviously worrying the Court, which has little to do with what Colorado does in its primary election (which won’t even have any effect on who the Republican nominee is), and much more to do with the prospect of a decision on Trump’s eligibility made by officials in a contested state for purpose of that state’s ballot in November:  The notion that… [read post]
12 Feb 2024, 6:00 am by Daniel J. Gilman
And while we’re at it, comments to NIST from intellectual-property experts (here and here) and additional comments from Alden (here). [read post]
9 Feb 2024, 1:28 pm by Josh Blackman
Trump's opening brief barely mentions Griffin's Case in passing, and the reply brief does only a little more. [read post]
8 Feb 2024, 4:09 pm by INFORRM
Furthermore, the Court of Appeal made clear that the caselaw on bare comment does not prescribe an inflexible rule compelling a court to treat a statement of opinion as if it were fact where the opinion implies that a claimant has done something but does not indicate what that something is [24]. [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
Second, they acknowledged that the President obviously does not appoint himself, but countered that the Appointments Clause does not define who are the "Officers of the United States. [read post]