Search for: "Thomas Frame" Results 101 - 120 of 1,545
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21 Jun 2023, 12:28 pm by Josh Blackman
" Sixth, it seems that Justice O'Connor initially framed her equal protection concurrence in terms of a classification. [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
This Article demonstrates how an emerging model of multidimensional property—derived from interdisciplinary discussions of overlapping property rights, mismatched property rights, and landscape-level resources—can improve the framing of climate change and other ecological problems, and thus improve the available outcomes. [read post]
20 Jun 2023, 6:07 am by Eric Goldman
  The majority opinion in Warhol purports to follow the Campbell frame­work, but instead it reinterprets Campbell in ways that destabilize that three-decade consensus, likely resulting in a decade or more of renewed battle over the contours of the fair-use doctrine. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
With this definition before us, I’ll consider the two claims in turn.Defending MadisonAs is well known, Madison’s Virginia Resolution, along with the Kentucky Resolution ghost-written by Thomas Jefferson, became known as “the principles of ‘98” and were expressly relied upon by nullifiers and secessionists, and even by states’-rights advocates long after the Civil War. [read post]
19 Jun 2023, 6:00 am by Guest Blogger
Gorsuch and Thomas alone excavated history in their concurrence and dissent, respectively (although Justices Sotomayor and Jackson joined Gorsuch’s concurrence, they did not join section II, which explored how framing history bore on Congressional plenary power over tribes). [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
Writing for a majority that included Justice Thomas, Justice Scalia nonetheless found standing proper. [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
" And, they say, Trump intends to rely on a "maximalist view" of the unitary executive to justify this supposed shift.To my mind, that framing misses the mark. [read post]
17 Jun 2023, 4:30 pm by Josh Blackman
 Instead, they frame their arguments as if the slate were clean. [read post]
7 Jun 2023, 8:30 am by Guest Author
”     This framing should help agencies attend evenhandedly to “additional impacts. [read post]
7 Jun 2023, 6:56 am by Eric Goldman
Doe * Justice Thomas Really, REALLY Wants Section 230 Repealed (Even If He Has to Do It Himself) * Section 230 Immunizes TikTok for User-Posted Videos–Day v. [read post]
6 Jun 2023, 6:50 pm by Howard Bashman
“Senate hints at subpoena for megadonor Crow amid SCOTUS ethics probe; The real estate magnate has so far resisted the investigation of his ties to Justice Clarence Thomas, framing any scrutiny as unconstitutional”: Benjamin S. [read post]
4 Jun 2023, 12:16 pm by Ilya Somin
After that time, he was allied with Thomas Jefferson. * Context and language change. [read post]
25 May 2023, 3:53 pm by Daniel Shaviro
It came within a couple of hours, and read as follows:"Dear Daniel,"Your paper or analysis may be framed around a legal, economic, or other topic question; however, if the data that is used in the analysis is medical or health related, we must use caution around both patient and health information. [read post]
25 May 2023, 5:31 am by Jack Hoover
The Court’s opinion, authored by Justice Clarence Thomas, reviewed the background and structure of the Anti-Terrorism Act and JASTA. [read post]
19 May 2023, 12:00 am by Barbara van Schewick
Professor of Law, and by courtesy, Electrical Engineering at Stanford Law School and Director of Stanford Law School’s Center for Internet and Society.[1]   Introduction This European Commission consultation is intended to evaluate a proposal to force online services to pay network access fees to broadband companies like Telefonica, Orange and Deutsche Telekom. [read post]
18 May 2023, 1:21 pm by Eric Goldman
It’s frankly a little shocking to see Justice Thomas come out swinging in favor of algorithms, but here we are. [read post]
14 May 2023, 4:10 am by SHG
They will not discuss “their existence,” as it’s hyperbolically framed. [read post]
7 May 2023, 6:00 am by Lawrence Solum
The current Supreme Court has at least three members who seem strongly influenced by originalist constitutional theory--Associate Justices Amy Coney Barrett, Neil Gorsuch, and Clarence Thomas. [read post]
5 May 2023, 7:19 am by Mark A. Graber
The 39th Congress, which framed the 14th Amendment, had a much different debate over the federal debt than the debate that is slated to take place in the very near future in the 118th Congress. [read post]