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15 Jun 2020, 12:32 pm by Amy Howe
Justices Clarence Thomas and Samuel Alito noted publicly that they would have granted the government’s petition, but there is no way to know how the other justices voted, or why the court delayed action on the petition. [read post]
12 Jun 2020, 3:00 am by Jim Sedor
How the Black Lives Matter Movement Went Mainstream MSN – Jose Del Real, Robert Samuels, and Tim Craig (Washington Post) | Published: 6/9/2020 The three words were once a controversial rallying cry against racial profiling and police violence. [read post]
21 May 2020, 9:01 pm by Samuel Estreicher and Nicholas Saady
With the growth of franchises in our service sector and others modes of operation whereby major brands and corporations (“user companies”) have, as some claim, “off-loaded” their labor needs to other businesses who supply labor and other services to them (“supplier companies”), attention has increasingly turned to the “joint employer” doctrine of U.S. labor and employment law. [read post]
15 May 2020, 10:11 am by Katie Bart
Justice Samuel Alito wrote his own opinion questioning Sotomayor’s conclusion, saying she had not shown any data to back it up. [read post]
3 May 2020, 6:30 am by Guest Blogger
For the Symposium on Gerald Leonard and Saul Cornell, The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (Cambridge University Press, 2019). [read post]
Chamber of Commerce recently laid out a comprehensive proposal that would limit employer liability during a reopening, though “the protections would not be available for companies guilty of gross negligence, recklessness or willful misconduct. [read post]
1 May 2020, 7:00 am by Guest Blogger
“If,” he added, “a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort. [read post]
24 Apr 2020, 3:54 am by Edith Roberts
., the court held unanimously that a plaintiff in a trademark suit can secure an award of lost profits without showing willful infringement. [read post]
21 Apr 2020, 9:11 am by John Duffy
That portion of the opinion has a message for patent attorneys: A majority of justices continue to think that “bad patents” are a problem, and they are willing to cede a bit of judicial power “to weed [them] out. [read post]
25 Mar 2020, 6:27 am by Adam Feldman
One way to do this could be through interviews, if the justices and clerks were willing to divulge this information. [read post]
4 Mar 2020, 9:03 am by Pratheepan Gulasekaram
Thus, Garcia might indicate that a solid majority of justices are willing to completely or incrementally abandon implied preemption. [read post]
1 Mar 2020, 9:03 pm by Jonathan H. Adler
Even though Justice Samuel Alito cast the deciding vote to reject the nondelegation challenge in Gundy, he noted that, “if a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort. [read post]
26 Feb 2020, 3:42 pm by Natalya Shnitser
Finally, the court emphasizes that the opinion does not preclude defendants from arguing that evidence of “willful blindness” supports a finding of actual knowledge. [read post]
24 Feb 2020, 10:01 am by Rebecca Tushnet
Samuels: size carveouts are worrisome. [read post]
17 Feb 2020, 1:27 pm by Ilya Somin
A fourth conservative justice—Samuel Alito, did not join Gorsuch's dissent, but did indicate in a concurring opinion that he is open to strengthening nondelegation doctrine in future cases. [read post]
11 Feb 2020, 10:00 am by Alan Morrison
The House of Representatives had intervened in the district court, which satisfied Justice Samuel Alito’s Article III concerns, but no one else agreed with him. [read post]
24 Jan 2020, 8:29 am by Adam Feldman
Justice Neil Gorsuch brought up these terms the next most frequently at eight times, followed by Justice Samuel Alito at seven. [read post]