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But the court, in adopting an expansive reading of a recent Supreme Court precedent, cautioned that the news publication might have a strong defense on the likelihood of confusion analysis (Punchbowl, Inc. v. [read post]
29 Feb 2024, 6:05 am by Rachel Kleinfeld
They had come of age in a rich, strong democracy whose institutions had been modeled on those of the United States. [read post]
28 Feb 2024, 4:00 am by Eric Segall
These votes seem much more aligned with the Republican Party’s desire to make it harder for people of color to vote than any reasonable interpretation of the United States Constitution.There is an aspect of equal protection clause doctrine that prohibits states from conditioning the exercise of fundamental rights on payments that the poor cannot afford. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
Although when it crossed his mind Taft did indeed identify with Andrew Johnson and repudiate the radical Republicans who sought to limit executive power (which included his own father), he nevertheless possessed many reasons to support a strong executive apart from relitigating the racial battles of 1868. [read post]
23 Feb 2024, 2:57 pm by Kathryn Briuglio
On February 21, 2024, the United States Supreme Court made its first ruling in a maritime case in nearly 70 years. [read post]
23 Feb 2024, 1:50 pm by David Super
       ALEC also has taken strides in coopting progressives seeking an Article V convention to reverse Citizens United. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
Furthermore, Story would expressly engage in a discussion of the Constitution's "officers of the United States"-language and "office under the United States" three sections later: in Section 791. [read post]
22 Feb 2024, 6:39 am by John Coyle
Supreme Court handed down its decision in Great Lakes Insurance SE v. [read post]
21 Feb 2024, 5:51 pm by Daphne Keller
Individual plaintiffs in Florida can win $100,000 by arguing that a notice is not sufficiently “precise and thorough,” which provides a strong incentive to litigate early and often. [read post]
21 Feb 2024, 9:00 am by William Banks
Finally, Title 10 status occurs when state National Guard units are “federalized” by the president of the United States pursuant to one of the statutory authorities for doing so. [read post]