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20 Nov 2023, 3:30 am by David Nagode
In essence, the French legislator was aware that technical regulations, which could potentially place additional burdens on importers from other Member States according to the dual burden doctrine (Barnard, p. 87). [read post]
18 Nov 2023, 9:21 am by Eric Goldman
The short-on-substance concurrence is bizarre and, as unfortunately typical for TAFS judges, bears little resemblance to the rule of law where judges only opine on the facts being litigated before the court. [read post]
3 Nov 2023, 7:13 am by INFORRM
For these instigators they may know that, if taken further, they have very little or no chance of ‘winning’ their claim and receiving damages. [read post]
26 Oct 2023, 9:05 pm by Noah Brown
Supreme Court’s Dobbs v. [read post]
23 Oct 2023, 5:14 pm
A former linguistics professor at Cal State Fullerton who the university attempted to fire and her spouse. [read post]
17 Oct 2023, 9:23 am by Sasha Volokh
The Supreme Court had little trouble determining that the statute was content-based, even though the legislature had no desire to suppress particular ideas: "The Son of Sam law . . . singles out income derived from expressive activity for a burden the State places on no other income, and it is directed only at works with a specified content. [read post]
15 Oct 2023, 6:30 am by Guest Blogger
Add to that the fact that the aggrieved party now bears the burden of proving all of this — rather than having the state bear the burden of justifying the law — and you suddenly have a quite significant and seemingly arbitrary weakening of the claimant’s position that depends on whether the impugned rule is a product of legislative or judicial hands. [read post]
9 Oct 2023, 4:00 am by Eric Berger
  A few caveats bear mention. [read post]
5 Oct 2023, 7:50 am by Dan Farber
Before starting, here’s a little more background about the three cases: Texas v. [read post]