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SCOTUS

It's all politics now.

January 22, 2010

The fundamental premise of the Court's decision in Citizens United v. FEC is that a corporation should have the same First Amendment rights to engage in political speech as any citizen, because a corporation is simply an "association of citizens" in the "corporate form." I think this is going to lead to the politicization of [...]

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2009-2010 Supreme Court Term: (2) Court Refuses to Hear "Washington Redskins" Trademark Case

November 16, 2009

     Earlier today the Supreme Court announced that it would not hear the case that had been brought against the owners of the Washington Redskins football team challenging their use of the name "Redskins" as a trademark.  The issue in the case was not the First Amendment or even the substance of Trademark Law; instead, [...]

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Cruel and unusual?

May 6, 2009

Criminal law is not my area, but the Supreme Court on Monday agreed to hear two cases. In one, "a minor was given a life prison sentence for a crime in which the victim was not killed.  The Court became aware last October that a case on that issue was on its way — the case [...]

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Scalia unbound

June 30, 2008

Here's an observation from Dahlia Lithwick on the Heller decision (concluding that the Second Amendment guarantees an individual right to own a handgun):
But I must first pass along this rather brilliant observation from professor Stephen Wermiel from American University, who wonders why none of the dissenters cautioned the majority that today's decision"will almost certainly cause [...]

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