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25 Apr 2018, 11:01 am
(Part II-A of Kennedy’s opinion, joined by Chief Justice John Roberts and Justice Clarence Thomas, strongly suggests that international law itself must provide for corporate liability, but indicates that “the Court need not resolve” that question.) [read post]
25 Apr 2018, 9:05 am
Stephen Breyer questioned both sides' lawyers on whether the travel ban's provisions for waivers in hardship cases are meaningful, or mere "window dressing. [read post]
25 Apr 2018, 3:05 am
[John O’Brien and John Breslin, Legal Newsline/Forbes] Slack-fill lawsuits reveal nonfunctional void within class-action industry [Baylen Linnekin] Musical instruments in court: the stories behind six famous gear disputes [Jay Laughton, Reverb last year] “Secret of David Copperfield’s signature trick revealed in slip-and-fall suit by audience volunteer” [ABA Journal] Given Congressional presence in area, California not entitled to use foie gras… [read post]
24 Apr 2018, 6:01 pm
But Justice Stephen Breyer was skeptical. [read post]
24 Apr 2018, 1:47 pm
Writing for seven of the justices (all but Chief Justice John Roberts and Justice Neil Gorsuch), Justice Clarence Thomas took a straight and simple route to upholding the statute. [read post]
24 Apr 2018, 11:33 am
In an exchange with Liu that was at times testy, Justice Stephen Breyer also expressed skepticism over the government’s argument. [read post]
24 Apr 2018, 10:41 am
Coberly struggled to answer the question put to him by Justice Sonia Sotomayor, Chief Justice John Roberts, and Justices Samuel Alito, Stephen Breyer, and finally Elena Kagan: “[W]hat explanation would have sufficed? [read post]
24 Apr 2018, 7:03 am
Justice Stephen G. [read post]
23 Apr 2018, 2:33 pm
Because the case presents a constitutional challenge to the method by which civil-service administrative law judges are appointed, it raises the possibility that the justices might (in the words of Justice Stephen Breyer) “driv[e] wedges of dependence into what was to be since Chester Alan Arthur a merit-based civil service. [read post]
23 Apr 2018, 4:00 am
At the Democratic convention in Cincinnati in 1856, Buchanan took the lead from the incumbent president, Franklin Pierce, on the first ballot and then battled Senator Stephen Douglas from Illinois for the presidential nomination Buchanan won on the 17th ballot and defeated John C. [read post]
20 Apr 2018, 10:36 am
“Emanuel wins court ruling in sanctuary city lawsuit against Trump administration”: John Byrne of The Chicago Tribune has this report. [read post]
20 Apr 2018, 4:22 am
” At Vogue, John Powers calls “the new celebratory documentary RBG” “an engrossing, sometimes quite moving story” about the career and influence of “improbable icon” Justice Ruth Bader Ginsburg. [read post]
19 Apr 2018, 12:38 pm
John Elwood reviews Monday’s relists. [read post]
18 Apr 2018, 2:06 pm
Ginsburg and Chief Justice John Roberts questioned Hughes about the burden on small businesses. [read post]
18 Apr 2018, 10:19 am
Writing for the majority, Justice Stephen Breyer held that the answer was the latter. [read post]
17 Apr 2018, 3:05 pm
“You have wildly different estimates of costs, revenues, and what states are losing or not,” Justice Stephen Breyer pointed out to Jackley. [read post]
17 Apr 2018, 11:32 am
” Chief Justice John Roberts, joined by Justices Anthony Kennedy, Clarence Thomas and Samuel Alito, dissented. [read post]
17 Apr 2018, 11:29 am
Over the last couple of years, I've been looking closely at injunctions against libel, and I've come to agree with the emerging view in recent appellate court decisions -- such injunctions, if properly crafted, are constitutional. [read post]
17 Apr 2018, 7:04 am
Justice Stephen G. [read post]
16 Apr 2018, 3:02 am
” [Scott Beyer] All things bright and beautiful/All creatures great and small/All things wise and wonderful/The Commerce Clause reaches ’em all [John-Michael Seibler, Heritage, on Supreme Court’s denial of certiorari in Tenth Circuit decision upholding as constitutional federal rules requiring owners to preserve Utah prairie dog habitat on private land; earlier on PETPO v. [read post]
