: The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state... The post People v. Thompson appeared first on Harvard Law Review
: The Supreme Court has consistently confirmed that nonobscene sexually explicit content is First Amendment–protected expression. It has treated this sexually explicit content the same... The post Free Speech Coalition, Inc. v. Paxton appeared first on Harvard Law Review
: A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause. The post The Structure of Religious Preference appeared first on Harvard Law Review
: Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats... The post Some Realism About Constitutional Remedies appeared first on Harvard Law Review
: Can habeas corpus cases proceed as class actions? The Supreme Court has never squarely answered that question, even in cases where lower courts certified habeas classes. But the Trump Administration’s wholesale push to expel noncitizens has forced the question to the center of modern civil rights litigation. The post Habeas Class Actions appeared first on Harvard Law Review
: In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an... The post The Compatibility of Substantive Canons and Originalism appeared first on Harvard Law Review
: How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies... The post People for the Ethical Treatment of Animals v. Tabak appeared first on Harvard Law Review
: Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace... The post Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise appeared first on Harvard Law Review
: The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans. The post Codify Gardner appeared first on Harvard Law Review
: A longstanding choice-of-law rule known as the internal affairs doctrine has predominated over corporate law matters in the United States since at least the 1860s. Acknowledged by the Supreme Court and generally followed by the states, the doctrine holds that the internal affairs of a corporation are governed by the law of the state where it is incorporated, notwithstanding where it may be headquartered. The post Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine appeared first on Harvard Law Review
: By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law will be representing CALL[...]
: Federal Trade Commission Chairman Andrew N. Ferguson has appointed Daniel Guarnera as Director of the Bureau of Competition. “I am thrilled Dan is joining the FTC as Director of the Bureau of Competition,” said Chairman Ferguson. “He has tremendous experience litigating antitrust cases in critical markets, including agriculture and Big Tech. Few lawyers in America have as much experience taking on Big Tech as Dan. He also has experience using the antitrust laws to promote competition in labor and healthcare markets—two of my top priorities. Under Dan’s leadership, the Bureau of Competition will do its part to fulfill President Trump’s promise to lower the cost of living for all Americans, to promote innovation, and to protect the interests of American workers.” Guarnera joins the Commission from the U.S. Department of Justice Antitrust Division, where he served as chief of the Civil Conduct Task Force. During his tenure, the task force filed monopolization suits against Google and Apple, as well as multiple [...]
: Federal Trade Commission Chairman Andrew N. Ferguson today announced he has appointed Taylor C. Hoogendoorn as Deputy Director of the Bureau of Competition and Katherine White as Deputy Director of the Bureau of Consumer Protection. Hoogendoorn is a talented litigator with expertise in a wide range of litigation, including antitrust, tort, contractual, energy, and intellectual property matters. Hoogendoorn joins the FTC after spending time in private practice at a law firm in Houston. He clerked for the Hon. Samuel A. Alito Jr. on the Supreme Court of the United States; the Hon. Gregory G. Katsas on the United States Court of Appeals for the D.C. Circuit; and the Hon. J. Harvie Wilkinson III on the United States Court of Appeals for the Fourth Circuit. Hoogendoorn holds a J.D. from Yale Law School, where he won the Morris Tyler Moot Court of Appeals and served on the Yale Law Journal, and a B.B.A. with majors in Economics, Finance, Mathematics, and Business Fellows from Baylor University. While at Baylor, h[...]