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29 Dec 2022, 7:34 am by Jonathan H. Adler
The 4-3 spliyt is also interesting because the justices did not divide along partisan lines. [read post]
15 Dec 2022, 6:30 am by Guest Blogger
  The prominent role played in Racial Innocence by “social distance” (as understood in the study of prejudice) was of particular interest to me. [read post]
12 Dec 2022, 1:18 pm by bndmorris
Tran, Of Vaccine and Hesitancy, 77 Food & Drug L.J. 176 (2022). [read post]
29 Nov 2022, 4:13 am by Bernard Bell
L.J. 845 , 855 & n.37 (1990)(“Justifying Secrecy”); see generally, CHARLES ALAN WRIGHT, ET. [read post]
21 Nov 2022, 3:00 am by Jeff Welty
It is slightly dated now, but contains citations to a few additional cases that may be of interest to the super-thorough reader. [read post]
16 Nov 2022, 9:33 am by Todd Janzen
  In legalese, these two property interests are referred to as the “surface estate” and the “mineral estate. [read post]
7 Nov 2022, 7:19 am by Guest Author
L.J. __ at 28 (forthcoming 2023) (writing that in West Virginia decision “the Court resolved preexisting confusion about what the major questions doctrine is”); id. [read post]
28 Oct 2022, 6:32 am
Nevertheless, and despite the legitimate concerns of ethical investors, I believe we should exercise caution in applying a non-economic standard of materiality to disclosure requirements… Because some investors may want certain information in order to make an investment or voting decision does not mean that mandatory disclosure of such information would be necessary or appropriate in the public interest or for the protection of investors.[15] If we move away from a materiality that… [read post]
25 Oct 2022, 10:46 am by Bernard Bell
This post assesses the Solicitor General’s argument, in New York v. [read post]
17 Oct 2022, 1:01 am by rhapsodyinbooks
L.J. 155 (1995), reports that the KKK “embarked on a campaign of terror for the purpose of destroying the Republican Party in the Southern states and reducing Southern Blacks to the control of white supremacists. [read post]
16 Oct 2022, 6:00 am by Lawrence Solum
Gorod, The Adversarial Myth: Appellate Court Extra-Record Factfinding, 61 Duke L.J. 1 (2011). [read post]
30 Sep 2022, 5:28 pm by Eugene Volokh
The Court has also stated that due to the highly significant interests it does "not rule out the possibility that, in a proper case, imposing civil sanctions for publication of the name of a rape victim might be so overwhelmingly necessary to advance these interests. [read post]