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17 Aug 2020, 4:00 am by Barry Barnett
Barry Barnett Note for readers Because my practice focuses on complex commercial disputes–especially antitrust, energy, and intellectual property–I keep daily track of important decisions by the U.S. [read post]
5 Aug 2020, 6:30 am by Guest Blogger
After all, Tushnet need not make this claim at all to either a) critique the Roberts Court and Republican jurisprudence; b) offer progressive alternatives. [read post]
4 Jul 2020, 7:18 am by Randy E. Barnett
[It officially adopted the political theory of the United States: securing the individual rights of We the People] [This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government. [read post]
21 Oct 2019, 3:00 am by Alan S. Kaplinsky
House of Representatives to file an amicus brief out of time, the Supreme Court granted the motion of Alan B. [read post]
8 Jul 2019, 6:30 am by Randy Barnett
Their Supreme Court brief explained: "Here, likewise, Private Respondents are not preemptively defending against the 'penalty' that § 5000A(b) would impose [in 2014] if they were to violate the mandate, but instead are attacking § 5000A(a)'s unconditional legal "[r]equirement" to purchase insurance in the first place. [read post]
5 Jul 2019, 7:43 am by Randy Barnett
  To answer this question, we have to distinguish between three issues:  the constitutionality of the individual insurance "requirement" or mandate in § 5000A(a) of the ACA after the "penalty" cum tax in § 5000A(b) was set at $0;  the standing of the plaintiffs to sue; and  whether the insurance requirement in § 5000A(a), if now unconstitutional, is severable from the rest of the ACA. [read post]
4 Jul 2019, 6:30 am by Randy Barnett
[This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government"] The Declaration of Independence used to be read aloud at public gatherings every Fourth of July. [read post]
25 Feb 2019, 12:42 pm by Rebecca Tushnet
  Barnett: Deloitte has a report: a lot of these TMCH records come from the US, Europe. [read post]
25 Dec 2018, 9:30 pm by Series of Essays
Judge Kavanaugh, Chevron Deference, and the Supreme Court September 3, 2018 | Kent Barnett, University of Georgia School of Law, Christina L. [read post]
6 Dec 2018, 4:16 pm by INFORRM
(b) He indecently propositioned a woman in the West Indies team dressing room during a training session at the 2015 World Cup. [read post]
19 Oct 2018, 9:30 pm by ernst
Braithwaite, Distinguished Professor, Australian National University, will deliver the Mitchell Lecture for Fall 2018 in the John Lord O'Brian Hall, Charles B. [read post]