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Justice Sonia Sotomayor cautioned that the majority’s decision would sweep expansively, so that “[i]n every use of official power, the President is now a king above the law. [read post]

SCOTUSblog - http://www.scotusblog.com/

The Return of The King to the American Throne

3 Jul 2024, 3:04 pm by John Floyd

“Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. [read post]

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

How This Supreme Court Term Might Affect the FCC’s Digital-Discrimination Rule

3 Jul 2024, 2:41 pm by Ben Sperry

Moreover, the closest analogy for Section 60506’s “based on” language is the “on the ground of” language of Title VI of the Civil Rights Act, which also does not include the “otherwise” language found to be so important in Inclusive Communities. [read post]

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

Slow fashion: checkerboard design plausibly infringes another checkerboard design

3 Jul 2024, 1:32 pm by Rebecca Tushnet

I can’t say I think that one is likely to survive summary judgment, but it still puts LVMH at some risk given the accused items, which include some marketing materials. [read post]

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

California enacts eight noteworthy changes to controversial Private Attorneys General Act

3 Jul 2024, 12:07 pm by Mara Curtis and Tanner Hendershot

Third, if the employer does cure the violations as provided here, then no penalties shall accrue for those violations. [read post]

Employment Law Watch - http://www.employmentlawwatch.com/

Jarkesy’s First-Order Consequences, James Fallows Tierney

3 Jul 2024, 10:43 am by Guest Author

As I have written in a recently published article on “industry bars,” I tend to think that sanction is likely to be the next target. [read post]

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

Looks Like We Don’t Need the “Major Questions” Doctrine Any More, by Jamie Conrad

3 Jul 2024, 10:39 am by Guest Author

Most notably, Chevron does not apply if the question at issue is one of “deep ‘economic and political significance. [read post]

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

[Jonathan H. Adler] From "Deference" to "Respect"—The Real Import of Loper Bright

3 Jul 2024, 10:36 am by Jonathan H. Adler

As I suggested in February, the extent to which a given rule constrains agencies is more a function of what it does than how it is labeled. [read post]

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

The Emperor’s New Judgments: Rule 36 and the Invisible Cloth of Patent Law

3 Jul 2024, 10:30 am by Dennis Crouch

I don’t see the court as having a truly nefarious reason for its common no-opinion judgments, but the situation does call to mind the ancient fable about the emperor’s new clothes adapted and popularized by Hans Christian Andersen. [read post]

Patently-O - https://patentlyo.com

[Josh Blackman] The Way To A Circuit Court Nomination Is To Lose A Landmark Supreme Court Case

3 Jul 2024, 10:28 am by Josh Blackman

Does Park have the twelve years of experience that the ABA requires? [read post]

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

[Jonathan H. Adler] Presidential Immunity As a Question of Executive Power

3 Jul 2024, 9:30 am by Jonathan H. Adler

Not every broadly worded statute does. [read post]

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

Loper Bright and Relentless 101: What Regulated Businesses Need to Know at the Dawn of the Post-Chevron Era

3 Jul 2024, 8:59 am by Keith Garner, James Rusk and Louise Dyble

Madison that “[i]t is emphatically the province and duty of the judicial department to say what the law is. [read post]