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26 Feb 2024, 11:38 pm by Ilya Somin
" Chief Justice John Roberts similarly emphasized that "[t]he First Amendment restricts what the government can do, and what the government is doing here is saying, you must do this, you must carry these people; you've got to explain if you don't,…[t]hat's not the First Amendment. [read post]
25 Feb 2024, 9:34 am
Robert will never file a lawsuit or take any significant action on your matter unless you are involved in the decision. [read post]
23 Feb 2024, 4:59 pm by Rebecca Tushnet
What matters is what the TMEP says the court said, which isn’t always the same as what the court said; sometimes says “the court can’t have meant that. [read post]
23 Feb 2024, 7:30 am by Guest Blogger
Though Robert notes that he began working on the book 35 years ago (xxv), he has borne that burden well. [read post]
21 Feb 2024, 1:27 pm by Guest Author
Ross, a PLF case, Chief Justice John Roberts observed that the act “has been transformed into a power without any discernible limit. [read post]
21 Feb 2024, 12:50 pm by Amy Howe
Justice Ketanji Brown Jackson told Sridharan that it was, in her view, “fairly extraordinary … to be asking the Court to decide this matter when you haven’t even” briefed, much less lost, the case in the D.C. [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
Sidar, written by Judge Toby Heytens and joined by Judges Robert Bruce King and J. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
(On that point, I can’t help but detect the palimpsestic residue of the two great thinkers about judicial institutions who were initially assigned the Taft volume of the Holmes Devise but prevented by their untimely deaths from completing it—Alexander Bickel and Robert Cover.) [read post]
20 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).William Forbath     Robert Post’s two-volume Holmes Devise History of the Taft Court is a tour de force. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
‘Common understanding’ has ceased to be the reliance in matters calling for essentially scientific determination. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
That doesn’t mean that 43(a) couldn’t go beyond classic trademark protection. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
” (I:62) For his fourth and final appointment, Harding nominated district judge Edward T. [read post]