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The FTC Should Not Enact a Deceptive or Unfair Marketing Earnings-Claims Rule

22 Feb 2024, 12:47 pm by Alden Abbott

Supreme Court, however, held in AMG Capital Management LLC v. [read post]

Truth on the Market - http://truthonthemarket.com/

Are Embryos Children? The Alabama Supreme Court Says Yes

22 Feb 2024, 11:51 am by Joelle Boxer

LePage brings this prediction to bear: the state of Alabama may face no federal legal obstacles in effectively barring the treatment. [read post]

Bill of Health - https://blog.petrieflom.law.harvard.edu/

Pour Me Another: The Supreme Court Revisits the ‘Bad Wine’ of the Copyright Discovery Rule

22 Feb 2024, 11:29 am by Dennis Crouch

”); and Rotkiske v. [read post]

Patently-O - https://patentlyo.com

Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

21 Feb 2024, 4:50 pm by Ronald Mann

That is about what we got Wednesday with Justice Ketanji Brown Jackson’s brief opinion for a unanimous court in McElrath v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Call for Papers: The Antiquities Act and Judicial Review of the President’s Statutory Powers

21 Feb 2024, 1:27 pm by Guest Author

It’s one of the most vexing questions in administrative law. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military

21 Feb 2024, 9:00 am by William Banks

” Although the terms of the Insurrection Act suggested that the militias would be federalized when civilian authorities were overwhelmed, in 1827 the Supreme Court indicated, in a case called Martin v. [read post]

Just Security - https://www.justsecurity.org/

Court releases April argument calendar

21 Feb 2024, 6:09 am by Amy Howe

Department of State v. [read post]

SCOTUSblog - http://www.scotusblog.com/

“Extrauterine Children” and Other Nonsense Wrought by the Fetal Personhood Movement

20 Feb 2024, 9:01 pm by Joanna L. Grossman and Sarah F. Corning

In short, the court concluded in LePage v. [read post]

Verdict - http://verdict.justia.com/

[Eugene Volokh] Journal of Free Speech Law: "Courting Censorship," by Prof. Philip Hamburger

20 Feb 2024, 1:17 pm by Eugene Volokh

This Article is especially critical of the state action doctrine best known from Blum v. [read post]

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

Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy

20 Feb 2024, 6:47 am by Dennis Crouch

See Sohm v. [read post]

Patently-O - https://patentlyo.com

Obviousness: Is a Reasonable Expectation of Success Sufficient

19 Feb 2024, 12:55 pm by Dennis Crouch

by Dennis Crouch In Vanda v. [read post]

Patently-O - https://patentlyo.com

A Reality Check on "Officers of the United States" at the Founding

19 Feb 2024, 8:57 am by John Mikhail

Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]

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

CELEBRATING BLACK HISTORY MONTH: Charles Hamilton Houston

19 Feb 2024, 8:22 am by GSU Law Student

However, Houston’s most impactful contribution was his strategy to debunk the “separate but equal” myth from Plessy v Ferguson (1897). [read post]

The Blackacre Times - http://theblackacretimes.com/

SCOTUS Repeated Relisting of a Case on the Meaning of Race Neutrality--and a Plug for my new Article

19 Feb 2024, 4:00 am by Michael C. Dorf

They complement a similar set of arguments previously made by other scholars, including most recently by Prof. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists?

19 Feb 2024, 3:00 am by Jeff Welty

State v. [read post]