Search for: "Matter of Barrett"
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3 Jun 2024, 4:00 am
Randolph--has some potential bearing on the analysis as a normative matter, though not as a legal matter. [read post]
29 May 2024, 9:01 pm
”But “tradition” is a more complicated matter. [read post]
27 May 2024, 9:12 pm
No, such notes might not be formal, in the narrow sense of the word, but that shouldn’t matter. [read post]
25 May 2024, 9:11 am
The court distinguishes Barrett v. [read post]
24 May 2024, 6:51 pm
[This piece is cross-posted and was originally published in the Yale J. on Reg.: Notice & Comment blog] Administrative law is almost certain to undergo monumental change during the Supreme Court’s current Term. [read post]
23 May 2024, 10:05 pm
" Thomas concludes: No court has explained where the power to draw a replacement map comes from, but all now assume it may be exercised as a matter of course. [read post]
22 May 2024, 4:03 am
“A fiduciary relationship ‘exists between two persons when one of them is under a duty to act for or to give advice for the benefit of another upon matters within the scope of the relation’” (EBC I, Inc. v Goldman Sachs & Co., 5 NY3d 11, 19 [2005] [citation omitted]). [read post]
21 May 2024, 8:36 pm
But the matter continues in the lower courts. [read post]
21 May 2024, 12:08 am
From Napster to YouTube, some of the most important and controversial uses of the internet have been about building community: connecting people all over the world who share similar interests, tastes, views, and concerns. [read post]
20 May 2024, 8:06 am
Administrative law is almost certain to undergo monumental change during the Supreme Court’s current Term. [read post]
17 May 2024, 5:45 am
A second concurrence--by Justice Kagan joined by Justices Sotomayor, Kavanaugh, and Barrett--is a bit more puzzling. [read post]
15 May 2024, 7:41 am
By Guest Blogger Tyler Ochoa Last week, the U.S. [read post]
7 May 2024, 2:47 pm
What about state court proceedings, or acquittals involving juvenile courts or tribal matters? [read post]
30 Apr 2024, 5:51 am
When Justice Amy Coney Barrett noted that, under Trump’s proposed rule, even a president who staged a military coup couldn’t be prosecuted “if there was not a statute that expressly referenced the president,” Trump’s counsel, Sauer, agreed that this traitorous president could escape prosecution (it’s at p. 57 of the transcript). [read post]
29 Apr 2024, 3:26 pm
While the Court refused to do so, Justices Sotomayor, Gorsuch, Kavanaugh, and Barrett said they were reserving judgment on the issue while the USSC studied the matter. [read post]
27 Apr 2024, 2:40 pm
., almost the entire criminal code--then a President would not be prohibited by statute from perjuring himself under oath about official matters; from corruptly altering, destroying or concealing documents to prevent them from being used in an official proceeding; from suborning others to commit perjury; from bribing witnesses or public officials; from threatening witnesses; from polling members of the armed forces about their confidential electoral votes; from attempting to intimidate,… [read post]
26 Apr 2024, 11:05 am
However, SCOTUS will strike the rule down on one of two grounds: Either: MQD grounds because it is retroactive, because the rule affects the contracts of 30 million, because contracts are perceived to be largely a matter of state law, and because employment is not the FTC’s ‘wheelhouse. [read post]
26 Apr 2024, 4:53 am
In contrast, the court’s liberal three justices as well as Justice Amy Coney Barrett stressed that a president is not above the law. [read post]
22 Apr 2024, 2:49 pm
Kagan pressed Evangelis to explain how, as a practical matter, a necessity defense would work in the case of people who are homeless. [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]