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30 Nov 2023, 4:00 am by Michael C. Dorf
Justice Kavanaugh made the point in a question to Principal Deputy SG Brian Fletcher when he asked "what sense does it make to say the full constitutional protections apply when a private party is suing you, but we're going to discard those core constitutional historic protections when the government comes at you for the same money? [read post]
29 Nov 2023, 8:41 am by Dennis Crouch
  There is some really interesting parts of the petition and case, but the petition largely re-argues the evidence — typically a losing approach at the Supreme Court. [read post]
29 Nov 2023, 7:55 am
Ravitch Restricted access  Chapter 12: The view: propertizing the visibility of distance  Sarah Marusek and Anne Wagner Restricted access  Chapter 13: Semiotic insecurity and fake news law  Ahmad Pakatchi Restricted access  Chapter 14: Beware of (bad and dangerous) metaphors: remarks made at the intersection of cognitive linguistics and law  Angela Condello Restricted access  Chapter 15: Semiotics of international law  Michael Salter Restricted… [read post]
28 Nov 2023, 7:27 am by Sasha Volokh
Now suppose Congress creates specialized Article III courts and gives them jurisdiction over cases where plaintiffs lack standing, or that fall outside the Article III jurisdictional categories. [read post]
27 Nov 2023, 9:00 am by Sasha Volokh
We could call all these doctrines "nondelegation doctrines," but we shouldn't let the similar nomenclature confuse us into thinking that they're the same doctrine. [read post]
27 Nov 2023, 2:36 am by Eleonora Rosati
Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. [read post]
24 Nov 2023, 7:38 am by CMS
” Ms Kireeva’s counsel pointed to the case of Re Kooperman [(1928) 13 B&CR 49] (“Re Kooperman”) as an example of the court granting such relief. [read post]
20 Nov 2023, 1:40 pm by Tom Joscelyn
(They could potentially argue that they’re not bound by federal law because they’re Congress and make the law, etc.) [read post]
20 Nov 2023, 4:00 am by Michael C. Dorf
The rest of Article II makes unmistakably clear that the President does not act alone. [read post]
19 Nov 2023, 4:00 am by jonathanturley
If Trump actually did (or does) believe that he did not lose the election, the indictment collapses. [read post]
17 Nov 2023, 8:00 am by Jennifer González
The second volume mentions “rats” 55 times, the third volume only four times, and it does not appear in the fourth volume. [read post]
13 Nov 2023, 9:05 pm by Adam Levitin
" (ii) The 1970s case is In re Equity Funding Corp. of America, 396 F. [read post]
12 Nov 2023, 4:00 am by Administrator
That said, we would apply the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. [read post]
3 Nov 2023, 12:44 pm by Rebecca Tushnet
UNH symposium: Section Two SmallPanel III - What’s Next? [read post]