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29 May 2024, 9:01 pm
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
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
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]
15 May 2024, 7:41 am
Hallmark & Son Coal Co., 935 F. 2d 336, 342 (D.C. [read post]
27 Apr 2024, 2:40 pm
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, 8:30 am
Co., 2002-Ohio-2220, ¶ 15. [read post]
22 Apr 2024, 5:00 am
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]
18 Apr 2024, 2:44 pm
Fox Co., 434 U. [read post]
17 Apr 2024, 9:47 am
” (Cites to In re Facebook, Barrett v. [read post]
17 Apr 2024, 9:03 am
[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
[This post is co-authored with Professor Seth Barrett Tillman.] [read post]
12 Apr 2024, 11:33 am
Co. v. [read post]
12 Apr 2024, 4:00 am
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]
5 Apr 2024, 5:31 pm
John Deere Co., 494 U.S. 516, 527–29 (1990). [read post]
3 Apr 2024, 10:08 am
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
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
‘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]
16 Mar 2024, 6:39 am
Edmondson Oil Co., 457 U.S. 922 (1982). [read post]
5 Mar 2024, 1:51 pm
[This post is co-authored with Professor Seth Barrett Tillman.] [read post]
5 Mar 2024, 8:13 am
In theory, the Court “has an obligation to satisfy itself … of its own jurisdiction," Steel Co. v. [read post]