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15 Jul 2022, 5:00 am by jonathanturley
Many believe that the Constitution implicitly does protect this right. [read post]
7 Jul 2022, 5:20 pm by Joseph Fishkin
When asked, inevitably, “why support a filibuster carve-out for X and not Y? [read post]
7 Jul 2022, 5:01 am by Peter Margulies
Chief Justice John Roberts wrote for the court, in an opinion that Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor joined. [read post]
19 Jun 2022, 4:44 pm by admin
Perhaps the most important point of this law review article, “Differential Etiology: Inferring Specific Causation in the Law from Group Data in Science,”  is that general causation is necessary but insufficient, standing alone, to show specific causation. [read post]
17 Jun 2022, 2:09 pm by admin
”[1] Faigman is correct that courts often have left unarticulated exactly what the methodology is, but he does not quite make sense when he writes that the method of differential etiology is “entirely logical,” but has no “scientific methods or principles underlying it. [read post]
26 May 2022, 10:49 am by Jonathan H. Adler
  But he has failed to overcome detailed rebuttals by Professors John Finnis and Robert George as to the common law cases at issue or as to any of the 12 states' statutes. [read post]
22 May 2022, 5:13 am
 And maybe audiences who pay to see a comedian who doesn't deal in discomfort should be spared being subjected to a comedian who does. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
And while the FTC Act enables the agency some authority to prohibit conduct outside the scope of the Sherman Act,[34] it does not do away with consideration of justifications or benefits when determining whether a practice is an “unfair method of competition. [read post]
3 May 2022, 12:45 am by David Pocklington
The DAC determined to issue a Does Not Recommend notification of advice certificate, but the Chancellor noted that there appeared to have be a misunderstanding by the members of the DAC, because the petition does not seek italicised lettering and the proposed image is to be engraved, not a photograph [6]. [read post]