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5 May 2024, 6:44 pm
Pix credit here The Hong Kong National Security law has attracted a substantial amount of attention outside of HR-SAR (eg here, here), and generated the start of what is likely to be a lively judicial debate (eg here). [read post]
2 May 2024, 7:50 am by Dan Farber
Brand X,  the majority opinion by Justice Thomas applies Chevron deference, even though the agency’s position had flip-flopped. 2013. [read post]
2 May 2024, 6:30 am by Guest Blogger
    Do we really want the likes of Thomas, Alito, Gorsuch, and Kavanaugh making social policy for our country? [read post]
1 May 2024, 10:16 pm by The White Law Group
 Goodbred, acting as both a financial adviser and financial power of attorney for an elderly victim, allegedly stole funds belonging to his customer between 2012 to 2020. [read post]
1 May 2024, 4:00 am by Eric Segall
It felt like they were going out of their way to ignore our immediate and pressing crisis involving an ex-President who tried to resist the peaceful transfer of power with violence and lies. [read post]
30 Apr 2024, 9:05 pm by renholding
The most notable example of this was Morgan’s personal funding of Thomas Edison’s pioneering Electric Light Company, in 1878, which included providing 50 percent of the principal capital for the construction of a new power station for the company in New York. [read post]
29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Des Moines Independent School District, the seminal 1969 ruling invalidating the punishment of two public high school students for wearing armbands to school to protest the Vietnam War.Tinker itself focuses on the school’s power to avoid, and punish, “actually or potentially disruptive conduct. [read post]
29 Apr 2024, 4:00 am by Michael C. Dorf
In answering Justice Thomas, SG Prelogar said precedents establish that Congress may use the Spending Clause power to preempt state law, even when the recipients of the federal funds are private parties rather than the state itself. [read post]
28 Apr 2024, 9:05 pm by Eric W. Orts
One reason is that the collective power of business to influence some of these large problems is at least equivalent to the power of nations or global assemblages of only governments and nonprofit organizations. [read post]
26 Apr 2024, 11:05 am by Guest Author
’ Someone will also point out that the very recent UMC statement emphasizes the use of economic power and adverse impacts on competitive conditions, while the rule requires neither economic power nor economic effects. [read post]
25 Apr 2024, 9:01 pm by Austin Sarat
Instead … [they’d] take a hard look at the power of corporations, their tax rates and tax avoidance, and their offshoring of jobs, not to mention their overwhelming control of the digital public sphere…. [read post]
25 Apr 2024, 3:59 pm by Michael C. Dorf
So too during the oral argument: Justices Thomas, Alito, et al made so many spurious arguments that attempting to deal with them one by one feels like a sucker's game.Just to name a few lowlights:*    Justice Thomas wanted to know whether he could use this case to invalidate Jack Smith's appointment. [read post]
25 Apr 2024, 2:35 pm by Amy Howe
Dreeben sought to assuage some of the justices’ concerns by suggesting that, although former presidents should not have absolute immunity from criminal charges relating to their official acts, there are some core constitutional powers of the presidency – such as the powers to pardon, veto, make appointments, and recognize foreign governments – that are entitled to special protection. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Justice Neil Gorsuch expressed concern about the scope of the government’s power to place conditions on federal spending. [read post]