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The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]

Balkinization - http://balkin.blogspot.com/

[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't

29 Jan 2024, 8:09 am by Kurt Lash

As future framer of Section Three, Senator Jacob Howard explained, from December 20th, 1860, onward "there was flagrant Civil War in the United States. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Insurrections in the Nineteenth Century: Real and Imagined

16 Jan 2024, 5:45 am by Mark Graber

The Brandenburg v. [read post]

Balkinization - http://balkin.blogspot.com/

Collection Highlights: Civic Duty in 18th Century America with Conductor Generalis

20 Dec 2023, 5:21 am by Nathan Dorn

(Cohen, v. 2, p. 9.) [read post]

In Custodia Legis - http://blogs.loc.gov/law

Trademark case: Vans, Inc. v. MSCHF Product Studio, Inc., USA

18 Dec 2023, 7:23 am by Matthew Hersh (Wolters Kluwer Legal & Regulatory)

Case date: 05 December 2023 Case number: No. 22-1006 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]

KluwerTrademarkBlog - http://trademarkblog.kluweriplaw.com/

Fed. Dist. Court in South Carolina Upholds Denial of Billboard Permits

7 Dec 2023, 9:48 am by Patricia Salkin

This post was authored by Patrick Faivre, Touro University, Jacob D. [read post]

Law of the Land - https://lawoftheland.wordpress.com/

NJ Appeals Court Reverses Determination of Historic Preservation Officer Effectively Applying Historic Designation to Property Absent Historic Preservation Commission’s Approval

5 Dec 2023, 9:35 am by Patricia Salkin

This post was authored by Bradley Billing, Touro University, Jacob D. [read post]

Law of the Land - https://lawoftheland.wordpress.com/

The President is an Officer of the United States

18 Nov 2023, 4:28 am by Mark Graber

Senator Jacob Howard of Michigan asserted, “where a person has taken a solemn oath to support the Constitution of the United States there is a fair moral implication that he cannot afterward commit an act which in its effect would destroy the Constitution of the United States without incurring the guilt of at least moral perjury. [read post]

Balkinization - http://balkin.blogspot.com/

In a summary order, the Second Circuit vacates a district court’s judgment imposing a complete ban on internet use, as a condition of supervised release. The Circuit concludes that it’s “substantively unreasonable” to impose such a ban on someone whose offense involved child pornography, and no evidence suggested he “is likely to seek out children on social media or prey on them in reality.” United States v. Gonyea, Nos. 22-1722-cr, 22-1727-cr (2d Cir. Nov. 13, 2023) (C.J.J.’s Jacobs, Lohier, Lee) (“Summary Order”).

14 Nov 2023, 2:30 pm by Darrell Fields

” United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Tax Prof Amicus Briefs In Moore v. United States: 22 For Government, 1 For Taxpayer

31 Oct 2023, 8:00 am by Paul Caron

Tax Prof Amicus Briefs for the Government: John Brooks (Fordham), David Gamage (Indiana) Brian Galle (Georgetown), Cliff Fleming (BYU), Jacob Goldin (Chicago), Edward McCaffery (USC), Ajay Mehrotra (Northwestern), Richard Schmalbeck (Duke) Ari Glogower (Northwestern), David Kamin (NYU), Rebecca Kysar (Fordham), Darien Shanske (UC-Davis), NYU Tax Law Center Andy Grewal (Iowa)... [read post]

TaxProf Blog - https://taxprof.typepad.com/taxprof_blog/

Five Second Circuit Judges Dissent From Denial Of Rehearing En Banc On Whether RICO Predicate Offenses Must Be Factually Set Forth In The Indictment.

30 Oct 2023, 1:49 pm by Colleen Cassidy

In United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

25 Years of the Washington Principles: The Strides and Stumbles in Reclaiming Nazi-Confiscated Art

30 Oct 2023, 4:39 am by Irina Tarsis, Esq.

“L’Echelle de Jacob or Le Paysan et l’Echeele,” The Peasant and the Ladder or Jacob’s Ladder, by Marc Chagall, painting disputed in Menzel v. [read post]

Center for Art Law Blog - http://itsartlaw.com

[Eugene Volokh] Do Religious Schools Have a Right to Exemption from State's Pronoun Policies?

23 Oct 2023, 7:02 am by Eugene Volokh

Miss United States of Am., LLC (9th Cir. 2022). [read post]

The Volokh Conspiracy - http://www.volokh.com/