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In Part One, we laid out the larger First Amendment framework in which the dispute might be located and discussed how the Court’s language and reasoning in Hazelwood School District v. [read post]

Verdict - http://verdict.justia.com/

Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

29 Apr 2024, 9:34 am by Rebecca Tushnet

Leszczynski v. [read post]

43(B)log - http://tushnet.blogspot.com/

Can a Public High School Punish a Student for Asking a Question that Refers to “Illegal Aliens”? Part One in a Two-Part Series

28 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone

In 1969, in Tinker v. [read post]

Verdict - http://verdict.justia.com/

[Josh Blackman] The Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons

28 Apr 2024, 10:28 am by Josh Blackman

An OLC opinion stating that the sitting President cannot be indicted is cold comfort for me. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A few preliminary reactions to the oral argument in Trump v. United States

27 Apr 2024, 2:40 pm by Marty Lederman

Moreover, at least three important precedents--United States v. [read post]

Balkinization - http://balkin.blogspot.com/

HPD on Rebound After Closing Thousands of Sex Crimes Cases for “Lack of Personnel”

27 Apr 2024, 10:02 am by John Floyd

Within this due process safeguard (made applicable to the states by the Fourteen Amendment), the “right to remain silent” was born in 1966 in Miranda v. [read post]

Criminal Jurisdiction - http://www.johntfloyd.com/blog

Predicting the Fate of the FTC’s Non-Compete Ban, by Daniel A. Crane

26 Apr 2024, 11:05 am by Guest Author

However, the case would give Justice Gorsuch a chance to more fully connect the federalism canon and MQD (as he began to do in West Virginia v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Josh Blackman] Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation

25 Apr 2024, 4:12 pm by Josh Blackman

United States. [read post]

The Volokh Conspiracy - http://www.volokh.com/

6 quotes from today's oral argument in Trump v. United States.

25 Apr 2024, 3:45 pm

Justice Barrett observes that immunity will protect the ex-President in his state court cases — where it is especially needed:Let me ask you about state prosecutions because, if the president has some kind of immunity that's implicit in Article II then that immunity would protect him in -- from state prosecutions as well. [read post]

Althouse - https://althouse.blogspot.com

Net Neutrality and the Paradox of Private Censorship

25 Apr 2024, 12:07 pm by Ben Sperry

NetChoice Oral Arguments In NetChoice v. [read post]

Truth on the Market - http://truthonthemarket.com/

SCT: False Claims Act Actions Based Upon Fraudulently Obtained Patent Rights

25 Apr 2024, 9:46 am by Dennis Crouch

Cir. 2019) (following Oil States Energy Servs., LLC v. [read post]

Patently-O - https://patentlyo.com

SCOTUS Rules FBI Must Face Lawsuit Over No-Fly List

25 Apr 2024, 6:00 am by DONALD SCARINCI

In FBI v. [read post]