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26 Feb 2024, 3:37 am by SHG
And don’t get me started on the Reasonably Scared Cop Rule of Graham v. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Other scenarios: Howard University Alumni Association should be understood as NFU outside the scope of dilution, as long as it’s a truthful representation—it’s not using Howard as a mark but rather the unitary mark Howard University Alumni Association; the exclusion doesn’t, like other parts of the statute, refer to uses “comprising” the famous mark. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
  We discuss this alternate view on pp. 396-397 of Part III: We acknowledge that there is, and has been, a long-standing, alternate, minority view—the Impeachment Clause only requires the remedy of removal for the three expressly-listed classes of positions: "[1] The President, [2] Vice President and [3] all civil Officers of the United States. [read post]
21 Feb 2024, 5:51 pm by Daphne Keller
  This is the second in a hopefully finite series of blog posts about the legal issues in the NetChoice cases, in which platforms raise First Amendment challenges to social media laws in Texas and Florida. [read post]
21 Feb 2024, 1:34 pm by Eric Goldman
In that respect, the law has been quite consistent for a long time. [read post]
21 Feb 2024, 9:00 am by William Banks
U.S. history includes a long list of examples where that power has been considered or actually used. [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
  As Derek Muller has explained, that practice appears to have begun in 1968, when California and New York refused to include the name of the 33-year-old Eldridge Cleaver to appear on their ballots for President (see Cleaver v. [read post]