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22 Apr 2024, 5:00 am by Bernard Bell
  The key to navigating this distinction is not “whether making official announcements could fit within the job description; but whether making official announcements is actually part of the job that the State entrusted the official to do. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
18 Jan 2024, 8:35 am by Eric Goldman
The venerable IP notice-and-takedown scheme is being replaced by the SAD Scheme, where rightsowners quietly obtain ex parte TROs that target online marketplace accounts. [read post]
16 Jan 2024, 5:45 am by Mark Graber
  His opinion in Ex parte Bollman (1807) asserted, “if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all of those who perform any part, however minute or remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. [read post]
4 Jan 2024, 12:50 pm by Josh Blackman
(We discuss this statute at some length in Part III of our ten-part series.) [read post]
1 Jan 2024, 9:05 pm by renholding
  Mass-tort chapter 11 needs an efficient mechanism for marshalling and liquidating liability-insurance assets for the benefit of the tort claimants. [read post]
8 Dec 2023, 3:00 am by Jim Sedor
In a third complaint filed by Alaskans for Better Elections to the state Public Offices Commission, it alleges opponents of ranked-choice voting are part of an “intentional conspiracy to violate the law” by not disclosing their funding and expenses, including the involvement of an Anchorage Christian organization called Wellspring Ministries. [read post]
1 Nov 2023, 9:01 pm by Austin Sarat
She has already pardoned 13 people.Moreover, the new guidelines announce her view that “The exercise of executive clemency is a vital part of the criminal justice system. [read post]
28 Oct 2023, 8:44 am by Eric Goldman
  * Ex Parte Seizures and the Defend Trade Secrets Act The post The DTSA Ex Parte Seizure Provision Was Always Bad Policy–Janssen v. [read post]
5 Oct 2023, 7:26 am by Joanna Herzik
Update 10/5/23: We received a report of another scam. [read post]
5 Sep 2023, 5:54 am by Eugene Volokh
The initial royalty rate negotiated with the Peabody Coal Company in 1964 was too low and when it was renegotiated in 1984, the bargaining was allegedly influenced by ex parte contacts between Peabody and President Reagan's administration. [read post]
21 Aug 2023, 6:05 am by Patryk I. Labuda
 Doesn’t it risk antagonizing (part of) the Global South? [read post]
21 Aug 2023, 4:00 am by Michael C. Dorf
Thus, in Ex Parte Bollman (1807), SCOTUS said that federal court jurisdiction to entertain habeas corpus petitions existed only because Congress had authorized it by statute but also that Congress did so because "it must have felt with peculiar force the obligation of providing efficient means by which th[e] great constitutional privilege [of the writ] should receive life and activity . . . . [read post]
9 Aug 2023, 4:18 am by Eric Segall
" Eventually, Justice Stanley Reed from Kentucky wrote the opinion.Another important case from this time period is Ex Parte Quirin, in which the Court allowed the execution of a number of Germans who had come to America allegedly to blow up parts of our war machine. [read post]
21 Jul 2023, 1:32 am by Seán Binder
” Annie Grayer, Marshall Cohen, and Jeremy Herb report for CNN. [read post]