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12 Feb 2024, 4:00 am by Howard Friedman
Cunningham & Ute Römer-Barron, Four Reasons the Supreme Court Should Reconsider Its Article III Standing Doctrine, (Forthcoming, Ohio State Law Journal Online, v. 85, 2024).Elias Neibart, M.A. v. [read post]
23 Jan 2024, 9:01 pm by renholding
In exchange, ComEd received rate hikes providing the company in excess of $150 million, and potentially billions in subsidies for its financially troubled nuclear power plants. [read post]
16 Jan 2024, 12:47 pm by Daniel J. Gilman
We note, however, that questions about the domain of inquiry—of in-market vs. out-of-market effects—can arise in conduct cases brought under Section 1 of the Sherman Act (as in Ohio v American Express, where the Supreme Court considered both sides of a two-sided transactional platform as a single market) or under Section 2 (as in Aspen Skiing Co., where the Court, considering allegedly exclusionary conduct, held that “it is appropriate to examine the effect of the… [read post]
16 Jan 2024, 5:01 am by Eugene Volokh
Consistent with that principle, courts in recent years have invalidated broad election-lie statutes in North Carolina, Ohio, Minnesota, and Massachusetts, holding that they are insufficiently clear and narrow to survive First Amendment scrutiny. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]