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4 Jan 2017, 7:53 am by Eugene Volokh
(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.) [read post]
29 Dec 2016, 1:05 am by Dave
The provision of almshouse accommodation has been held to create the relationship of trustee-beneficiary, not landlord and tenant. [read post]
28 Dec 2016, 6:07 am by Kevin LaCroix
  As noted here, in the end the Court, in a June 2014 opinion written by Chief Justice John Roberts and joined by five other justices, declined to overturn Basic, but held that a securities class action defendant should have the opportunity at the class certification stage to try to rebut the presumption by showing that the alleged misrepresentation did not impact the defendant company’s share price. [read post]
26 Dec 2016, 4:37 am by Ron Coleman
In Silenus Wines, the CAFC held that the intrastate sale of imported French wine constituted “use in commerce. [read post]
26 Dec 2016, 4:30 am by Ben
And John updated us on not one but two public consultations on copyright, one from Brussels and one from the UK 's IPO. [read post]
23 Dec 2016, 2:05 pm
Doe, supra.This post only examines Doe’s challenge to the government’s having proved an essential element of the offense; it does not examine his argument regarding his sentence.The Court of Appeals appended this footnote to the first mention of “John Doe” in its opinion: “To the date of this writing the Defendant, who has refused to provide his name, has not been affirmatively identified and is referred to as `John Doe. [read post]
22 Dec 2016, 9:01 pm by John Dean
It has been almost 150 days since Trump held a press conference. [read post]
22 Dec 2016, 8:45 am by ADeStefano
John Hummel Custom Bldrs., Inc., the plaintiff had loaded heavy construction material into the back of a pickup truck in order to transport the materials at a construction site. [read post]
22 Dec 2016, 4:28 am by Ron Coleman
In Fogerty, the Court held that “[p]revailing plaintiffs and prevailing defendants are to be treated alike, but attorney’s fees are to be awarded to prevailing parties only as a matter of the court’s discretion. [read post]
15 Dec 2016, 10:11 am by Quinta Jurecic
Ambassador John Bolton as national security advisor. [read post]
14 Dec 2016, 9:01 pm by Vikram David Amar
Trump when the Texas electors meet next week, and instead will work to elect John Kasich or another Republican.I have argued for many years that there are better ways to pick a president than the electoral college, and I have written extensively (e.g., here) about one viable reform in the direction of a national popular election—the National Popular Vote Compact plan. [read post]
12 Dec 2016, 11:24 am by Quinta Jurecic
Senators Lindsey Graham (R-SC) and John McCain (R-AZ) previously backed demands for an inquiry along with Senators Chuck Schumer (D-NY) and Jack Reed (D-RI). [read post]
12 Dec 2016, 6:12 am by Randy Barnett
Valeo (for ruling out the possibility that legislatures could develop reasonable campaign finance rules promoting small-r republicanism), Casey (for the “undue burden” test), and Shelby County. [read post]
9 Dec 2016, 2:21 am by Jim Walker
Chief Executive John Stumpf recently did when his company was caught opening millions of checking, saving and credit card accounts for customers without their knowledge. [read post]
8 Dec 2016, 8:47 am by James P. Flynn
“Check your list twice”—If you think departing employees had accomplices or other help, don’t just add a bunch of John Does to your complaint without defining and describing who those co-conspirators are. [read post]