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9 Mar 2017, 8:10 am
After describing their theoretical conclusions and commitments, they each consider their positions in light of the jurisprudence of Justice Antonin Scalia. [read post]
9 Mar 2017, 8:10 am
After describing their theoretical conclusions and commitments, they each consider their positions in light of the jurisprudence of Justice Antonin Scalia. [read post]
9 Mar 2017, 5:56 am
Francisco graduated from the University of Chicago in 1996, clerked for the late Supreme Court justice Antonin Scalia and represented tobacco giant RJ Reynolds [corporate website] successfully in a First Amendment claim against regulations, according to his Federalist... [read post]
9 Mar 2017, 4:40 am
Additional coverage comes from Robert Barnes in The Washington Post, Greg Stohr at Bloomberg, who notes that “Francisco, a former law clerk to the late Justice Antonin Scalia, is one of more than a dozen lawyers from Jones Day Reavis & Pogue who have taken positions in the Trump administration,” and Richard Wolf at USA Today, who observes that “Francisco will be inheriting the job at a fortuitous time for conservatives. [read post]
8 Mar 2017, 8:51 pm
As reported by Dan Fisher in Forbes (Supreme Court asks government if a Coke machine must be ADA compliant), on February 27 the Supreme Court docketed a request to the Solicitor General for input on Magee’s pending Petition for Certiorari.Justice Antonin ScaliaJustice Scalia’s Dissent in PGA Tour v. [read post]
8 Mar 2017, 11:07 am
When Justice Antonin Scalia died on February 13, 2016, one of the petitions for review awaiting the Supreme Court’s consideration was an appeal by Dow Chemical Co., which had asked the court to review the billion-dollar judgment against the company in a price-fixing case. [read post]
8 Mar 2017, 10:37 am
The hearing has been scheduled for the same day as the beginning of the Senate Judiciary Committee’s hearings on the nomination of Judge Neil Gorsuch to succeed the late Justice Antonin Scalia on the United States Supreme Court. [read post]
7 Mar 2017, 8:16 am
” The dissent sends a very clear signal that Gorsuch is on board with the more conservative understanding of the establishment clause embraced by the late Justice Antonin Scalia. [read post]
7 Mar 2017, 4:09 am
At Supreme Court Brief (subscription required), Tony Mauro reports that the family of the late Justice Antonin Scalia has donated Scalia’s papers to Harvard Law School, the late justice’s alma mater, and that “files about specific cases” “‘will not be opened during the lifetime of other justices or judges who participated in the case. [read post]
6 Mar 2017, 5:03 pm
The most recent vacancy on the Court was created by the death of Justice Antonin Scalia on February 13, 2016. [read post]
6 Mar 2017, 7:33 am
Justice Antonin Scalia was the prime mover in many of these cases, writing majority opinions in several 5-4 rulings that divided along ideological lines. [read post]
3 Mar 2017, 11:37 am
There will never be another Antonin Scalia. [read post]
3 Mar 2017, 7:01 am
” The EO finally directs that the agencies propose a new rule defining “navigable waters” with an interpretation “consistent with the opinion of Justice Antonin Scalia in Rapanos v. [read post]
2 Mar 2017, 8:06 pm
(Washington Monument Pix © Larry Catá Backer 2016)I recently announced the forthcoming publication by Carolina Academic Press of my Elements of Law and the United States Legal System (ISBN: 978-1-61163-927-8 • e-ISBN: 978-1-61163-984-1).The work made sense as a century of legalization (here and here) and judicialization (here and here) forces more and more people worldwide to bump up against aspects of aspects of the U.S: legal system. [read post]
2 Mar 2017, 12:18 pm
But in Judge Gorsuch’s opinion, his most recent in the class action arena, we see the hallmarks of conservative jurisprudence: interpreting statutory text (here, “in controversy”) with its “traditional meaning”; citation to the Federal Judiciary Act of 1789; and a nod toward the late Justice Antonin Scalia’s textualist approach with a citation to his book, Reading Law. [read post]
2 Mar 2017, 12:18 pm
But in Judge Gorsuch’s opinion, his most recent in the class action arena, we see the hallmarks of conservative jurisprudence: interpreting statutory text (here, “in controversy”) with its “traditional meaning”; citation to the Federal Judiciary Act of 1789; and a nod toward the late Justice Antonin Scalia’s textualist approach with a citation to his book, Reading Law. [read post]
2 Mar 2017, 6:30 am
David Bernstein, George Mason University Antonin Scalia Law School, has posted The History Of ‘Substantive’ Due Process: It's Complicated, which appeared in the Texas Law Review 95 (2016): 1-11:The history of what has come to be known as substantive due process is fraught with political implications, even more so now that same-sex marriage has joined abortion as a right protected by the Court under the rubric of due process. [read post]
1 Mar 2017, 7:43 pm
(Pix Wall Street Journal 28 Feb 2017)After a tumultuous first month in office--a month that appeared to solidify the great rifts among emerging political factions in the U.S. [read post]
1 Mar 2017, 4:43 pm
The proposed delay could also have the further benefit, from the school board’s perspective, of allowing Judge Neil Gorsuch, the president’s nominee to fill the vacancy left by the death of Justice Antonin Scalia, to participate if he is confirmed by then. [read post]
1 Mar 2017, 2:33 pm
” The EO goes further and instructs the two agencies to “consider interpreting the term ‘navigable waters,'” as defined in 33 U.S.C. 1362(7), in a manner consistent with the opinion of Justice Antonin Scalia in Rapanos v. [read post]
