Sep 14 2021 Topics Corporations, Securities & Antitrust • Intellectual Property Blog Post Student Blog Initiative How Snapchat’s Struggle Against Facebook Emphasizes the Need for Patent Protection as an Antitrust Tool Sydney Lee Dominguez Tech giants like Facebook have faced torrents of criticism for potentially anti-competitive practices, as illustrated...
Jul 27 2021 Topics Administrative Law & Regulation • Supreme Court Blog Post Student Blog Initiative Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness” Eli Nachmany The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...
May 27 2021 Topics International & National Security Law Blog Post Student Blog Initiative Injunctions Highlight Challenge Targeting China’s Military-Civil Fusion Strategy Nicole C. Hager This spring, the U.S. District Court for the District of Columbia issued two preliminary injunctions...
May 18 2021 Topics Federalism • Supreme Court Blog Post Student Blog Initiative State Judiciaries and the Anticommandeering Doctrine Jacob R. Weaver In the 1992 case New York v. United States, the Supreme Court applied the anticommandeering...
May 10 2021 Topics Administrative Law & Regulation • Environmental & Energy Law Blog Post Student Blog Initiative Assessing the Nondelegation Challenge in Texas’s Keystone XL Pipeline Lawsuit Against the Biden Administration Eli Nachmany Justice Alito’s concurrence in the recent case of Gundy v. United States signaled that the...
May 6 2021 Topics Second Amendment Blog Post Student Blog Initiative Wearing, Bearing, or Carrying Arms Richie Angel In D.C. v. Heller (2008), the Supreme Court recognized an individual right under the...
Apr 19 2021 Topics Second Amendment • Environmental Law & Property Rights Blog Post Student Blog Initiative Federal Government Orders Surrender of Personal Property Under . . . its Police Power?: Courts Grapple with Bump Stock Rule as a Fifth Amendment Taking Nicole C. Hager, Michael D. Faucette In December 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule...
Apr 13 2021 Topics Constitution Blog Post Student Blog Initiative Incorporation through the Privileges or Immunities Clause Richie Angel Since the ratification of the Fourteenth Amendment in 1868, the Supreme Court has incrementally incorporated...
Apr 8 2021 Topics Intellectual Property Blog Post Student Blog Initiative The Forgotten History of the Intellectual Property Clause Jacob R. Weaver The Intellectual Property (IP) Clause of the U.S. Constitution, which empowers Congress to enact both...
Mar 22 2021 Topics Administrative Law & Regulation Blog Post Student Blog Initiative Kisor on Remand: Raising the Bar to “Genuinely Ambiguous” at Auer Step Zero Eli Nachmany A recent decision from the Federal Circuit may provide a roadmap for the future of...
Topics
How Snapchat’s Struggle Against Facebook Emphasizes the Need for Patent Protection as an Antitrust Tool
Tech giants like Facebook have faced torrents of criticism for potentially anti-competitive practices, as illustrated...
Topics
Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness”
The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...
Topics
Injunctions Highlight Challenge Targeting China’s Military-Civil Fusion Strategy
This spring, the U.S. District Court for the District of Columbia issued two preliminary injunctions...
Topics
State Judiciaries and the Anticommandeering Doctrine
In the 1992 case New York v. United States, the Supreme Court applied the anticommandeering...
Topics
Assessing the Nondelegation Challenge in Texas’s Keystone XL Pipeline Lawsuit Against the Biden Administration
Justice Alito’s concurrence in the recent case of Gundy v. United States signaled that the...
Topics
Wearing, Bearing, or Carrying Arms
In D.C. v. Heller (2008), the Supreme Court recognized an individual right under the...
Topics
Federal Government Orders Surrender of Personal Property Under . . . its Police Power?: Courts Grapple with Bump Stock Rule as a Fifth Amendment Taking
In December 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule...
Topics
Incorporation through the Privileges or Immunities Clause
Since the ratification of the Fourteenth Amendment in 1868, the Supreme Court has incrementally incorporated...
Topics
The Forgotten History of the Intellectual Property Clause
The Intellectual Property (IP) Clause of the U.S. Constitution, which empowers Congress to enact both...
Topics
Kisor on Remand: Raising the Bar to “Genuinely Ambiguous” at Auer Step Zero
A recent decision from the Federal Circuit may provide a roadmap for the future of...