Search for: "In re: Tam" Results 21 - 40 of 758
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1 Dec 2023, 8:29 am by Sasha Volokh
The State Action Doctrine Private parties generally aren't "state actors"; they're exempt from virtually all constitutional rights. [read post]
1 Dec 2023, 3:00 am by Jim Sedor
Members of Congress Head for the Exits, Many Citing Dysfunction Yahoo News – Kayla Guo (New York Times) | Published: 11/26/2023 More than three dozen members of Congress have announced they will not seek re-election next year, some to pursue other offices and many others simply to get out of Washington. [read post]
30 Nov 2023, 12:45 pm by Sasha Volokh
The Supreme Court has never directly stated whether private attorneys general or qui tam relators need to be appointed under Article II, but this longstanding caselaw suggests that they don't. [read post]
28 Nov 2023, 7:27 am by Sasha Volokh
One could similarly argue that a private attorney general, like a qui tam relator, can't validly get the power to enforce federal law [read post]
27 Nov 2023, 9:00 am by Sasha Volokh
We could call all these doctrines "nondelegation doctrines," but we shouldn't let the similar nomenclature confuse us into thinking that they're the same doctrine. [read post]
8 Nov 2023, 1:26 pm by Rebecca Tushnet
 The Court’s indifference to expressive elements of TMs also conflicts with the Court’s previous claims in Tam, and even Jack Daniel’s, that TMs [read post]
3 Nov 2023, 12:44 pm by Rebecca Tushnet
Although Tam rejected that argument, some of the Court seemed to have buyer’s remorse in Brunetti, recognizing that almost all of TM law is content based; if we’re going to have a registration system at all, we need to make some content based distinctions. [read post]
20 Oct 2023, 7:55 am by Sasha Volokh
., these posts from Dale Carpenter, David Post, and Richard Re). [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
He does so by relying on the unitary executive theory.Although not relevant to my analysis, qui tam actions hold a special place for me--not because I was ever involved in one, but because when I was a 3L in the fall of 1989, the final round moot court problem involved the constitutionality of qui tam actions. [read post]