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6 May 2022, 6:10 am by Noah J. Phillips
In American Needle, the Court stripped the National Football League of Section 1 immunity by holding that the NFL is not entitled to the single entity defense under Copperweld and instead, its conduct must be analyzed under the “flexible” rule of reason.[25] And last year, in NCAA v. [read post]
5 May 2022, 5:30 am by Guest Blogger
The editorial is clumsy because it ignores Justice Alito’s defense of the reversal of precedent in his invocation of Brown’s overruling of Plessy v. [read post]
26 Apr 2022, 4:00 am by Guest Blogger
Issues regarding the technological competence of licensees (or lack thereof) have been noted by the Judiciary (recognized long-ago by Justice Brown as itself operating in a Jurassic park[5]). [read post]
13 Apr 2022, 5:36 pm
Richard and Mary Eshelman Faculty Scholar Professor of Law and International Affairs Acting University Ombudsperson (from October 2021) University Ombudsperson Elect Pennsylvania State University | 239 Lewis Katz Building, University Park, PA 16802    1.814.863.3640 (direct) ||  lcb11@psu.edu     I appreciate the turnout for an event that by its title would no longer create the buzz and excitement that it might have in the 17thcentury, much less the 13th. [read post]
7 Apr 2022, 9:00 am by Phil Dixon
There was therefore no error in the case. (1) Defendant’s challenge to the second step of the Batson analysis was preserved; (2) The State’s proffered explanations for its use of peremptory challenges were racially neutral; (3) The trial court did not clearly err in finding that the defendant failed to show purposeful discrimination under the totality of circumstances State v. [read post]
11 Feb 2022, 3:00 am by Jim Sedor
National/Federal ‘Blue’ Suburban Moms Are Mobilizing to Counter Conservatives in Fights Over Masks, Book Bans and Diversity Education Washington Post – Annie Gowan | Published: 2/9/2022 Dozens of suburban moms from around the country dialed into an Ohio-based Zoom training session with the same goal – to learn how to combat the increasingly vitriolic rhetoric from parents whose protests over mask mandates and diversity education have turned school board meeting rooms… [read post]
26 Jan 2022, 11:11 am by Amy Howe
She was poised even when she was being peppered with questions from all sides of the bench, as she was in defending an ultimately unsuccessful position in her first argument, in Begay v. [read post]
26 Jan 2022, 9:46 am by Amy Howe
One legendary hypothetical, in 2003, posited that a sign barring “all animals” from a park would not include a “pet oyster. [read post]
20 Jan 2022, 8:57 pm by Bill Marler
The CDC reports as of May 20, 2010, a total of 26 confirmed and 7 probable cases related to an E. coli O145 outbreak have been reported from 5 states since March 1, 2010, linked to shredded romaine grown in Yuma.[2] In the FDA’s “Environmental Assessment Report in December 2010,” the authors determined: that the R.V. park is a reasonably likely potential source of the outbreak pathogen based upon the evidence of direct drainage into the lateral irrigation canal; the moist… [read post]
11 Jan 2022, 2:41 am by rainey Reitman
  Resources Data Harvesting and Profiling: Ricci v. [read post]
14 Dec 2021, 9:15 am by Richard Hunt
I blogged on this subject in April looking at what defendants need to do.(7) Brown v. [read post]
2 Nov 2021, 8:26 pm by David Kopel
This post surveys the pro/con social science evidence presented in the amicus briefs in New York State Rifle & Pistol Association v. [read post]