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Sackett v. EPA’s Aftermath and the Risk of Inflamed Western Water Conflict

2 Oct 2023, 5:55 am by Colby Galliher

Sackett v. [read post]

Just Security - https://www.justsecurity.org/

Judges disagree on denial of rehearing en banc on First Step Act retroactivity language

26 Sep 2023, 9:21 am by Unknown

United States v. [read post]

Sixth Circuit Blog - http://circuit6.blogspot.com/

Sixth Circuit’s Denial of Rehearing En Banc Spawns Concurring and Dissenting Opinions

18 Sep 2023, 10:59 pm by Shams Hirji

In so doing, Judge Kethledge relied heavily on an en-banc dissent written by then-Judge Barrett in United States v. [read post]

Sixth Circuit Appellate Blog - http://www.sixthcircuitappellateblog.com/

Personal Jurisdiction Makes Strange Bedfellows: An Assessment of the Supreme Court’s Decision in Mallory v. Norfolk Southern Railway Co.

18 Sep 2023, 9:01 pm by Rodger Citron and Laura Dooley

Our nomination for the most intriguing case of the last Supreme Court term is Mallory v. [read post]

Verdict - http://verdict.justia.com/

UNLV Law CLE on Brackeen, Sept. 20

14 Sep 2023, 1:57 pm by Kate Fort

The majority opinion by Justice Barrett, and concurring arguments by Justice Gorsuch, addressed questions about Congressional power over Indian affairs, tribal sovereignty, and equal protection. [read post]

Turtle Talk - https://turtletalk.blog/

Tillman and Blackman on Section 3 of the 14th Amendment

13 Sep 2023, 6:30 am by ernst

Nor does the “engage” prong extend to inaction—for example, failing to take action with regard to an insurrection or rebellion.Part V considers another threshold question: was Trump ever subject to Section 3? [read post]

Legal History Blog - http://legalhistoryblog.blogspot.com/

[Josh Blackman] Professor Calabresi in WSJ: President Trump Can Not Be Disqualified

12 Sep 2023, 7:35 pm by Josh Blackman

Seth Barrett Tillman for 25 years. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Following “Dangerous” Thomas Dissent, Court Filings Question Constitutionality of FCA’s Qui Tam Provisions

12 Sep 2023, 12:39 pm by Geoff Schweller

Polansky v. [read post]

Whistleblower Protection Blog - http://www.whistleblowersblog.org/

[Josh Blackman] New Article: Sweeping and Forcing the President into Section 3

11 Sep 2023, 10:24 pm by Josh Blackman

Part V considers another threshold question: was Trump ever subject to Section 3? [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Major Questions Doctrine Is Not About Delegation, but Usurpation—And That Matters, by James C. Phillips

11 Sep 2023, 3:00 pm by Guest Author

” Even Justice Barrett, who sees the major questions doctrine as an ambiguity canon rather than a clear statement rule, focuses not on Congress but the Executive when applying it in her Biden v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Supreme Court Upholds Ban on Encouraging Illegal Immigration

8 Sep 2023, 9:09 am by DONALD SCARINCI

In United States v. [read post]

Constitutional Law Reporter - https://constitutionallawreporter.com/

The morning read for Tuesday, August 29

29 Aug 2023, 7:16 am by SCOTUSblog

Vázquez, Transnational Litigation Blog) The post The morning read for Tuesday, August 29 appeared first on SCOTUSblog. [read post]

SCOTUSblog - http://www.scotusblog.com/

SCOTUS Limits Foreign Reach of Trademark Law

22 Aug 2023, 9:38 am by DONALD SCARINCI

In Abitron Austria GmbH v. [read post]