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29 May 2024, 9:01 pm by Vikram David Amar
Kagan was able to attract Sotomayor, Kavanaugh, and Barrett (who also joined the majority opinion) but the three in the majority who didn’t seem to want to be associated with Kagan’s content were Thomas, Roberts, and Jackson (an interesting trio). [read post]
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Zaccaro, Co., Inc. v DHA Capital, LLC, 157 AD3d 602, 602 [1st Dept 2018], lv denied 31 NY3d 907 [2018]; see also Jerome Prince, Richard on Evidence § 8-215 [Farrell 11th ed 1995]). [read post]
21 May 2024, 12:08 am by Josh Richman
Big corporations try to co-opt and control these communities, and politicians often promote scary narratives about technology’s dangerous influences, but users have pushed back against monopoly and rhetoric to find new ways to connect with each other [read post]
27 Apr 2024, 2:40 pm by Marty Lederman
I might write further about Thursday's oral argument when I get a bit more free time (end-of-semester obligations and all!) [read post]
22 Apr 2024, 5:00 am by Bernard Bell
  Speaking through Justice Amy Coney Barrett, the Justices elaborated upon their less constricted version of the “authority or duty” test in a way that provides some guidance to government officials. [read post]
17 Apr 2024, 9:03 am by Josh Blackman
[Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an independent cause of action designed for that purpose”] [This post is co-authored with Professor Seth Barrett Tillman]. [read post]
16 Apr 2024, 12:46 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman.] [read post]
12 Apr 2024, 4:00 am by Jim Sedor
Judge Cannon Shoots Down Trump’s Presidential Records Act Claim MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 4/4/2024 U.S. [read post]
3 Apr 2024, 10:08 am by fjhinojosa
Hawaii was cited in the following article: Seth Barrett Tillman, What Court (If Any) Decided Ex Parte Merryman? [read post]
22 Mar 2024, 8:38 am by Josh Blackman
I am grateful for the assistance of my co-counsel, Michael O'Neill of the Landmark Legal Foundation and Michael A. [read post]
22 Mar 2024, 4:00 am by Jim Sedor
‘Very, Very Troubling’: Judges, lawyers flummoxed by Judge Cannon MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 3/20/2024 Lawyers and former judges said they are baffled by an order issued by the federal judge overseeing Donald Trump’s pending trial on charges he mishandled classified documents, and believe her instructions suggest the case will not go to trial anytime soon. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
  In theory, the Court “has an obligation to satisfy itself … of its own jurisdiction," Steel Co. v. [read post]