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31 Jul 2014, 9:01 pm by Vikram David Amar
In my last column, Part I of this Two-Part series, I argued that lower courts are justified in paying (indeed perhaps required to pay) close attention to Justice Kennedy’s concurring opinion in this summer’s blockbuster Burwell v. [read post]
27 Jul 2014, 9:03 am by Schachtman
Chief Justice Rehnquist no doubt spoke for most judges and lawyers in expressing his discomfort with the notion that courts would have to actually look at science (rather than qualifications, demeanor, and credibility)[17]: “I defer to no one in my confidence in federal judges; but I am at a loss to know what is meant when it is said that the scientific status of a theory depends on its ‘falsifiability’, and I suspect some of them will be, too. [read post]
23 Jun 2014, 12:57 pm by Schachtman
‘How often have I said to you that when you have eliminated the impossible, whatever remains, however improbable, must be the truth? [read post]
28 May 2014, 4:19 am by Amy Howe
The biggest news of the day was the Court’s decision in Hall v. [read post]
8 May 2014, 9:01 pm by Vikram David Amar
Although I agree with him that Justice Kennedy does not adequately engage, but rather hollows out, Seattle, the writing that Justice Kennedy’s opinion reminds me of most is Justice Scalia’s own opinion in Employment Division of Oregon v. [read post]
3 May 2014, 8:56 am by Schachtman
Evidence can be arranged to support one point of view. * * * The question to ask is: ‘What am I not being told? [read post]
3 Apr 2014, 12:06 pm by Jason Rantanen
That’s because it has been requiring a very high degree of similarity for primary references (see High Point & Apple I). [read post]
25 Feb 2014, 1:25 am by Gilles Cuniberti
Réflexions à propos du contrat d’assurance Paul LAGARDE (Université Paris I)La fraude en matière de nationalité Pierre MAYER (Université Paris I)Le poids des témoignages dans l’arbitrage international Horatia MUIR WATT (Sciences Po)L’émergence du réseau et le droit international privé Marie-Laure NIBOYET (Université Paris Ouest Nanterre la Défense)Les remèdes à la… [read post]
15 Jan 2014, 4:46 am by Amy Howe
Other coverage of the Court focuses on Monday’s argument in National Labor Relations Board v. [read post]
2 Jan 2014, 9:01 pm by Vikram David Amar
Because the topic is vast and complicated, in today’s column I can do no more than spot and preliminarily analyze some of the major issues; if and when the proposed measure successfully moves through various stages of the political process, I shall likely offer a more detailed analysis of many of these questions. [read post]
27 Dec 2013, 3:22 am by Schachtman
  I am indebted to my co-chair David Cohen, and the talented participants, Dr. [read post]
12 Dec 2013, 7:20 am by Amy Howe
Adam Serwer of MSNBC reports on Tuesday’s oral arguments in American Lung Association v. [read post]