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1 Feb 2022, 3:18 pm by Eugene Volokh
Justice Scalia, writing for the majority, explained that "[f]rom 1791 to the present, [ ] our society, like other free but civilized societies, has permitted restrictions upon the content of speech in a few limited areas, which are 'of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.'" Obscenity is one of those few limited areas whose restriction is subject to a… [read post]
1 Feb 2022, 7:01 am by Laurence Lai (Simmons & Simmons LLP)
Instead, only subject-matter that is inconsistent with the claims needs to be deleted from the description or marked as not falling within the subject-matter for which protection is sought. [read post]
31 Jan 2022, 4:40 am by Russell Knight
“[I]f the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. [read post]
29 Jan 2022, 4:04 am by Russell Knight
A divorce case unwinds the matters of two people who were together for years. [read post]
27 Jan 2022, 12:23 pm by Pratik Shah
A relatively obscure opinion from my clerkship term, F. [read post]
27 Jan 2022, 9:47 am by Neil H. Buchanan
  Last week's ruling makes it clear that the administration's effort to clean up the mess was a content-free rewriting of an unacceptable policy.This means that, no matter what ultimately happens in the courts or in the state capital, UF has squandered what was in fact a golden opportunity. [read post]
26 Jan 2022, 11:58 am by Geoff Schweller
The Supreme Court’s inaction on the matter leaves uncertainty around the issue. [read post]
25 Jan 2022, 2:46 pm by Patricia Hughes
Thus [i]f such an order is made in respect of a period of time during which a provincial licence suspension is in effect, there is, strictly speaking, no repugnancy. [read post]
25 Jan 2022, 5:01 am by Eugene Volokh
Wayne County, 805 F.3d 228, 250–51 (6th Cir. 2015) (en banc). [read post]
24 Jan 2022, 4:33 pm by Lawrence B. Ebert
The Supreme Court has stated that "[i]t is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below. [read post]
24 Jan 2022, 8:40 am by DONALD SCARINCI
Thompson, 20 F. 4th 10, 33 (CADC 2021), without regard to his status as a former President. [read post]