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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]
29 May 2024, 3:52 pm by Reference Staff
In the webinar The Importance of Language — How to Use Inclusive Communications to Advance Equity in the Administration of Justice, Lisa Burke of the New Jersey Administrative Office of the Courts, discusses how “white supremacy situates as the norm or as the reference point some generalized white experience. [read post]
24 May 2024, 4:00 am by Guest Blogger
Do they think Chief Justice Roberts is right to say that judges should be like baseball umpires calling balls and strikes? [read post]
21 May 2024, 9:01 pm by Austin Sarat
Then subpoena Chief Justice Roberts, who declined to testify last year when he was asked politely. [read post]
15 May 2024, 11:28 am by Yosi Yahoudai
“Every effort should be made to ensure that violence does not become the norm in any country, form or sphere,” he said. [read post]
15 May 2024, 11:28 am by Yosi Yahoudai
“Every effort should be made to ensure that violence does not become the norm in any country, form or sphere,” he said. [read post]
6 May 2024, 8:31 am by fjhinojosa
Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns was cited in the following publication: Robert P. [read post]
3 May 2024, 6:30 am by Guest Blogger
  Consumer disclosure, in contrast, has been used in drug framing debates as a surrogate for capitalist norms and values: minimal governmental regulation, personal liberty, and free enterprise.[5] Pozen’s interests dovetail with my own as he seeks to illuminate the law’s failure to bring about drug reform and, focusing largely on cannabis, he demonstrates the seeming irrationality of using criminal laws to govern the drug. [read post]
30 Apr 2024, 12:25 pm by Lawrence Solum
Here is the abstract: Why does the Roberts Court appeal to history and tradition as reason to change the law? [read post]
28 Apr 2024, 9:30 pm by ernst
What appear to be positive, descriptive claims about the past in constitutional argument are often normative claims about the Constitution’s meaning. [read post]
19 Apr 2024, 4:00 am by Adam Dodek
In the Harris-Eves years (1995-2003), there were four Attorneys General (Charles Harnick, Jim Flaherty, David Young and Norm Sterling). [read post]
18 Apr 2024, 5:55 am by Jonathan Hafetz
Capitol Attack reflect a larger erosion of democratic norms and setbacks to liberal constitutionalism across western countries, as Aziz Huq, Tom Ginsburg, and Mila Versteeg have observed. [read post]
16 Apr 2024, 4:00 am by Eric Segall
 Chief Justice Roberts and Justice Thomas, not exactly left-leaning fellows, both sided with the libs in important 5-4 cases, such as when Roberts saved the Affordable Care Act and Thomas joined the libs upholding Texas’s decision to ban Confederate flags on license plates. [read post]
11 Apr 2024, 4:00 am by Eric Berger
  By contrast, the Justices on the Warren Court may have tried to shape the law to reflect their own normative preferences, but they were usually not doing the bidding of the party whose president appointed them. [read post]
7 Apr 2024, 9:05 pm by renholding
”[19] From this understanding, other essential questions follow about the normative underpinnings of business law. [read post]
5 Apr 2024, 8:36 am by Neil H. Buchanan
  (Roberts and his radical colleagues, of course, declined to intervene.) [read post]