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2 Jul 2018, 4:07 am by Marty Lederman
”It’s especially disappointing that Justice Kennedy went along with this charade, because his vote to reverse the preliminary injunction—the vote that decided the case—betrayed each one of the core principles that Jack Goldsmith rightly describes as the pillars of his jurisprudence over the past 30 years and his (desired) legacy:  honoring the dignity of all persons; preserving liberty; and enshrining a “robust conception of judicial power” to check… [read post]
29 Jun 2018, 8:40 pm by Juvan Bonni
Ruth Okediji: Does Intellectual Property Need Human Rights? [read post]
28 Jun 2018, 4:40 am by Kate Fort
Here’s a very quick overview (with thanks to Jack Trope for his recent presentation up at Grand Traverse Band for all the info). [read post]
27 Jun 2018, 9:58 am by Lyle Denniston
  It is well-established, of course, that the First Amendment does extend its protection of free speech and of religious freedom against state and local government actions as well as to the actions of the federal government. [read post]
25 Jun 2018, 3:53 am by Helene
For the sake of clarity, the simple act of depositing separate and community property funds into a single account, whether held in one spouse’s name or jointly, does not constitute commingling unless it is impossible for a party to trace the commingled funds to their separate property origin. [read post]
24 Jun 2018, 9:01 pm by Lesley Wexler
Even if home governments may not act as effectively as others, states need not act if they did not cause the harm and international law does not otherwise require their assistance. [read post]
21 Jun 2018, 3:30 am by Jack Preis
Jack Preis Constitutional tort remedies, like their common law counterparts, are presumed to deter future violations. [read post]
19 Jun 2018, 7:35 am by Mark Greenberg, Harry Litman
A fine example here is Trump’s recent pardon of former heavyweight champion Jack Johnson, whose conviction under the Mann Act was vindictive and motivated by racism. [read post]
19 Jun 2018, 7:35 am by Mark Greenberg, Harry Litman
A fine example here is Trump’s recent pardon of former heavyweight champion Jack Johnson, whose conviction under the Mann Act was vindictive and motivated by racism. [read post]
19 Jun 2018, 4:00 am by Edith Roberts
United States that a decision not to grant a proportional sentence reduction does not require a detailed written explanation. [read post]
18 Jun 2018, 4:02 am by Edith Roberts
” At The Daily Wire, Jacob Airey interviews the baker, Jack Phillips, and his counsel about “the build-up to the case, the outcome, and what it means for religious freedom. [read post]
16 Jun 2018, 8:15 am by Peter Margulies
Bush administration, along with Jack Goldsmith and others, to demand changes in that administration’s secret terrorist surveillance program. [read post]
14 Jun 2018, 4:17 pm by Mitu Gulati
But this is a fun study in terms of the design and findings regardless of whether you love Chapter 13 (okay, I realize that everyone else who reads this blog probably does in fact like or love Chapter 13). [read post]
14 Jun 2018, 4:17 pm by Mitu Gulati
But this is a fun study in terms of the design and findings regardless of whether you love Chapter 13 (okay, I realize that everyone else who reads this blog probably does in fact like or love Chapter 13). [read post]
13 Jun 2018, 11:30 am by David Pozen
Goldsmith’s essay tees up, but does not fully explore, a range of explanatory hypotheses. [read post]