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17 Jun 2024, 6:27 pm by Howard Bashman
“Amy Coney Barrett Sounds Fed Up with Clarence Thomas’ Sloppy Originalism”: Mark Joseph Stern has this Jurisprudence essay online at Slate. [read post]
17 Jun 2024, 9:54 am by Rebecca Tushnet
Uncertainties are multiplied by the explicit “good for this day and train only” statements in Thomas’s opinion, as against Barrett’s call for an actual rule of general applicability. [read post]
16 Jun 2024, 6:35 pm by Howard Bashman
“Judicial Notice (06.16.24): Out Of Control; Hunter Biden gets convicted, Justice Barrett takes charge, a rap star’s trial goes off the rails, and a Boston law firm winds up on the ropes. [read post]
15 Jun 2024, 7:05 pm by Barbara Pfeffer Billauer
Massachusetts, usurping the State’s police powers, and countermanding similar directives issued only months earlier (prior to Justice Barrett’s ascension to the bench). [read post]
15 Jun 2024, 3:27 pm by John Floyd
  A little whispering in the ears of Justices Barrett and Kavanaugh from the right-wing Federalist Society could quickly get all these angry, ax-to-grind justices on board to overturn Gideon. [read post]
15 Jun 2024, 11:25 am by Eugene Volokh
(White Educated Industrialized Rich and Democratic) populations (Tobia 2024), which have been found to deviate systematically from global trends along several metrics (Henrich et al 2010; Barrett 2020)…. [read post]
15 Jun 2024, 6:00 am by Just Security
Trump by Seth Barrett Tillman Podcast: Protecting Cultural Heritage The Just Security Podcast: Protecting Cultural Heritage During Armed Conflict by Paras Shah (@pshah518) and Audrey Balliette interview with Bonnie Docherty (@bonnie_docherty) The post Digest of Recent Articles on Just Security (June 10-June 14) appeared first on Just Security. [read post]
15 Jun 2024, 6:00 am by Lawrence Solum
The essay also argues that the arguments in favor of substantive canons, made by then Professor Amy Coney Barrett, are much weaker than normally thought, as the history does not indicate that federal courts believed they had the power to establish new substantive canons. [read post]
14 Jun 2024, 3:48 pm by Chris Williams
Barrett Doesn't Concur With Thomas's Cherry Picking: Nice to see a good opinion from her every once in a while. [read post]
14 Jun 2024, 1:05 pm by Jonathan H. Adler
Sotomayor: 7 Thomas: 6 Alito: 4 Kagan: 4 Kavanaugh: 4 Jackson: 4 Barrett: 3 Gorsuch: 2 CJ Roberts: 2 There have also been two per curiam opinions, and some cases are likely to be merged into a single opinion (e.g. the two Chevron cases, Relentless and Loper-Bright will almost certainly be decided in a single opinion). [read post]
14 Jun 2024, 12:45 pm by Immigration Prof
Roberts, Thomas, Kavanaugh, Barrett joined a majority opinion penned by Alito, with Sotomayor, Kagan, and Gorsuch joining a dissent penned... [read post]
14 Jun 2024, 11:31 am by Ronald Mann
Justice Neil Gorsuch filed a forceful dissent, joined by Justices Clarence Thomas and Amy Coney Barrett. [read post]
14 Jun 2024, 11:25 am by Lawrence Solum
The essay also argues that the arguments in favor of substantive canons, made by then Professor Amy Coney Barrett, are much weaker than normally thought, as the history does not indicate that federal courts believed they had the power to establish new substantive canons. [read post]
14 Jun 2024, 7:03 am by Howard Bashman
Gorsuch issued a dissenting opinion, in which Justices Clarence Thomas and Amy Coney Barrett joined. [read post]
14 Jun 2024, 3:00 am by Jim Sedor
Judge Cannon Strikes Paragraph in Trump Classified Document Indictment MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 6/10/2024 U.S. [read post]
13 Jun 2024, 4:31 pm by Christopher J. Walker
Trump] by Seth Barrett Tillman Reasoning with Formalized Statutes: The Case of Capital Gains and Losses by Sarah B. [read post]
13 Jun 2024, 3:35 pm by Ronald Mann
Barrett preferred instead to adopt a doctrinal First Amendment rule “reflect[ing] the relationship between content-based trademark registration restrictions and free speech. [read post]
13 Jun 2024, 11:11 am by Eugene Volokh
As we all agree, this "[h]istory informs the understanding that content-based distinctions are an intrinsic feature of trademarks" [citing both the Barrett and Sotomayor concurrences]. [read post]