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11 Oct 2012, 11:24 am by David Sutton
In the controversial (5 – 4) and hotly debated Supreme Court decision, National Federation of Independent Businesses et al. v. [read post]
5 Mar 2015, 10:32 am by Frank Pasquale
[Abigail] Moncrieff’s brief argues the petitioner’s interpretation of the statute would render the statute unconstitutional under two principles of federalism: that Congress can't coerce states into implementing federal programs, and that all states must be treated equally.As Koppelman notes below, the same states' rights ideas at the core of the conservative win in NFIB v. [read post]
7 Aug 2015, 7:28 am by Yishai Schwartz, Andy Wang
For that reason, well-known cases like United States v. [read post]
7 Mar 2016, 1:45 pm
Last week, the Arizona Court of Appeals heard oral argument in the case White Mountain Health Center v. [read post]
25 Oct 2013, 7:30 am by Dan Ernst
  Here is the abstract:United States v. [read post]
5 Sep 2018, 5:01 am by Andrew Hamm
Additional follow-on litigation to Johnson has involved questions about other aspects of ACCA’s “violent felony” definition, as in next term’s United States v. [read post]
13 Jan 2023, 9:37 am by Curtis Bradley, Jack Goldsmith
The Supreme Court seemed to go out of its way in American Insurance Association v. [read post]
5 Apr 2016, 7:05 am by Liah Caravalho
The event will mark the 50th anniversary of the United States Supreme Court decision, Miranda v. [read post]
27 Feb 2013, 2:22 pm by The Federalist Society
The question in this case is whether Congress’s 2006 decision to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution.To discuss the case, we have Michael Carvin, who is a Partner at Jones Day.- See more at:… [read post]
27 Feb 2013, 2:22 pm by The Federalist Society
The question in this case is whether Congress’s 2006 decision to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution.To discuss the case, we have Michael Carvin, who is a Partner at Jones Day.- See more at:… [read post]
19 Mar 2019, 12:25 pm by Paul Caron
TaxProf Blog op-ed: Opponents Of Clergy Housing Allowance Should Turn To Congress And The IRS After 7th Circuit's Rejection Of Establishment Clause Challenge, by Adam Chorodow (Arizona State): The Seventh Circuit recently issued its long-awaited decision in Gaylor v. [read post]
13 Apr 2020, 9:47 am by Eric Goldman
  But unless and until Congress does so, how is a copyright owner supposed to obtain redress for infringements committed by a State? [read post]
26 Nov 2023, 6:02 pm by Christopher J. Walker
In an essay forthcoming in the Ohio State Law Journal, David Zaring and I set forth a way for the SEC, Congress, or maybe even the Supreme Court could save agency adjudication. [read post]