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Deciding Unclear Originalist Cases: Towards Good-Faith Constitutional Construction
Interpreting a centuries-old document and applying it to factual circumstances unknown and perhaps inconceivable to...
What a Trump Administration Might Mean for Employers
On December 13, 2016, the Littler law firm sponsored a program entitled “The 2016 Presidential...
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Make the Civil Rights Division Great Again? -- Notes on "This is What a Trump Civil Rights Agenda Should Look Like"
Robert Driscoll has an outstanding post up at National Review Online titled “This is What...
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SCOTUS Cert update
The Supreme Court granted cert in four new cases yesterday. (1 & 2) Turner v. United States and Overton v....
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Fix Venue - Fix Patent Litigation, Part II
On December 14, 2016, the Supreme Court granted certiorari in the TC Heartland case. Case...
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Safari International Club v. Jewell: D.C. Circuit Hunts Down Agency's Procedural Evasions of Judicial Review
The most remarkable thing about the D.C. Circuit’s recent opinion in Safari International Club v....
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SCOTUS Opinion & Orders: Challenge to bank fraud conviction rejected; no new cert grants
The Supreme Court issued one opinion and a new Order List this morning. A brief summary follows: OPINION:...
The Limits of Federal Criminal Law--Livestream
In the last year, the Department of Justice lost three major cases against Fed Ex,...
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Justice Scalia's Influence On Display in Apple v. Samsung decision
Most discussions about the Supreme Court’s 8-0 decision in Samsung Electronics, Ltd. v. Apple Inc....
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SCOTUS Opinion: Federal Circuit reversed on smartphone infringement damages, insider trading conviction upheld, FCA seal violation does not mandate dismissal
Yesterday the Supreme Court issued three unamimous opinions: (1) Samsung Electronics v. Apple. By a vote...