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6 Jul 2018, 6:25 am
”Yet as a practical matter textualism has a certain fragility. [read post]
6 Jul 2018, 4:25 am by Jessica Kroeze
(d) Auxiliary request 1 also met the requirements of sufficiency of disclosure and inventive step.IV. [read post]
5 Jul 2018, 4:22 am by Josh Blackman
As a general matter, the APA affords the public an opportunity to opine on a proposed regulation through what is known as the notice-and-comment rulemaking process. [read post]
4 Jul 2018, 11:06 am by Bill Marler
“This issue is a significant matter and requires the FDA’s immediate attention. [read post]
3 Jul 2018, 6:14 pm by Stephen Page
According to Matthew, reinterpreted by Oscar Wilde, King Herod imprisoned John the Baptist. [read post]
1 Jul 2018, 1:40 pm by Mark Graber
  By the time they left the bench, Harry Blackmun, John Paul Stevens, David Souter and Richard Posner were no longer Republicans. [read post]
28 Jun 2018, 2:48 pm by Edith Roberts
” Chief Justice John Roberts notably relied on a similar approach in 2015, in King v. [read post]
28 Jun 2018, 8:00 am by Harold Hongju Koh
The most recent, startling example is Chief Justice John Roberts’ pronouncement in his 5-4 majority opinion in Trump v. [read post]
27 Jun 2018, 2:04 pm by MOTP
May 14, 2018)  Like the broader question of whether a dispute is subject to arbitration, "the question `who has the primary power to decide arbitrability' turns upon what the parties agreed about that matter. [read post]
27 Jun 2018, 5:34 am by John Eastman
Although Chief Justice John Roberts, who wrote the majority opinion, and Justice Anthony Kennedy, who wrote a concurrence, clearly offered no quarter to those prior statements, the proclamation was itself facially neutral and bona fide, and that ended the matter. [read post]
26 Jun 2018, 11:18 am by Hilary Hurd, Yishai Schwartz
In a 5-4 decision, with the majority opinion authored by Chief Justice John Roberts, the Supreme Court issued two core holdings: (a) that the latest ban does not exceed the president’s authority under the Immigration and Nationality Act (INA); and (b) that ban does not violate the Establishment Clause of the Constitution. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
  (It's possible, I suppose, that Gorsuch or others might consider all of this a form of "new property," no matter the source of the confidentiality obligation. [read post]
22 Jun 2018, 11:05 am by Sabrina McCubbin
The FBI then applied for 2703(d) orders to produce the “transactional records” from 16 phone numbers, including Carpenter’s. [read post]
21 Jun 2018, 6:11 am by David Markus
That was Senator John Kennedy, a Republican from Louisiana during his questioning of Roy Altman at yesterday's hearing. [read post]
21 Jun 2018, 4:14 am by Edith Roberts
Lamone, did next to nothing to resolve the issue it raised,” “[i]t reminded practitioners and others that ‘in chambers’ opinions still matter. [read post]