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17 Jan 2024, 5:04 am by Guest Author
In other words, the Department of Commerce does not have the sort of rulemaking power that the EPA was given in the Clean Air Act and that was expressly exercised in writing the regulations sustained in Chevron. [read post]
11 May 2016, 4:03 am
The Fourth Circuit concluded that the district court misapplied Lexmark, observing that there is no requirement in the language of Section 43(a) or Section 14(3) that a plaintiff must have used its own mark in commerce.In its petition for reconsideration en banc, Belmora argues that the court's decision warrants en banc review because it "(i) overlooked material facts and legal considerations; (ii) conflicts with decisions of the United States Supreme Court, this Court, and other… [read post]
2 Jul 2008, 1:49 am
In Part III, I will demonstrate that the rationales for the border search exception, in general, applies to exit searches. [read post]
17 Jun 2020, 3:48 pm by Jack Goldsmith, Marty Lederman
The U.S. government filed a civil suit on June 17 against former National Security Adviser John Bolton. [read post]
12 Apr 2024, 4:05 pm by Lawrence Solum
In Part III, I focus on the limits of the right to exclude, making special reference to the famous necessity cases of Ploof v. [read post]
18 Jul 2014, 10:25 am by Scott Hervey
  After all, one of John Wayne’s better known quotes is “I never trust a man who doesn’t drink. [read post]
7 Jan 2015, 5:14 am
These were posted a little bit ago, but I recently noticed that the inimitable John Harrison has two interesting new articles up on SSRN, on topics that will probably be of interest to fed courts geeks. [read post]
26 Jan 2018, 4:00 am by Matthew Waxman
I think Congress does not exercise its powers over war as much as it should. [read post]
27 Jun 2023, 9:13 am by David Friedman
Back of the Envelope Thoughts on Teaching: 2 Thoughts on Teaching: 1 The Abuse of Statistics John Marshall has made his decision Slander Why I Believe Things Who to Trust Recognizing Theories Tribal Loyalty Not What We Intended A Positive Account of Rights Recipes Fictional Saints Libertarian Arguments for Income Redistribution Ignorance of Politicians Race, Gender and IQ I Have Seen the Past — and It Works Bad for Us, Bad for You, Bad More on Politics Political… [read post]