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15 Mar 2017, 3:01 pm
To address this anomaly, the drivers cite to Antonin Scalia & Bryan Garner, Reading Law: The Interpretation of Legal Texts (2012), in which the authors observe that “[s]ometimes drafters will omit conjunctions altogether between the enumerated items [in a list],” in a technique called “asyndeton. [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]
27 Feb 2017, 5:14 pm
If you’re interested in a more thorough analysis, you can see my old congressional testimony on the subject — or, better yet, review Justice Antonin Scalia’s opinion in D.C. v. [read post]
24 Feb 2017, 11:51 am
” wrote Gorsuch, who is President Donald Trump’s nominee to succeed the late Justice Antonin Scalia on the Supreme Court. [read post]
21 Feb 2017, 3:18 am
Another preview comes from Laurel Hopkins and Eugene Temchenko at Cornell University Law School’s Legal Information Institute. [read post]
10 Feb 2017, 11:23 am
(It has been called “dice-loading” and “artificial” by Justice Scalia, “arbitrary” by Judge Posner, and “useless” by Professor Sunstein.) [read post]
7 Feb 2017, 3:33 am
Nominee Neil Gorsuch and the criminal law [Andrew Fleischman/Fault Lines, William Patrick/Florida Watchdog, Kevin Ring, Eugene Volokh] Are you sure you want to prosecute drug overdoses as murders? [read post]
3 Feb 2017, 4:24 am
” General commentary on the nomination comes from Bill Blum at Truthdig, who argues that “Gorsuch is exactly the sort of Scalia-in-waiting we would expect from an extremist right-wing administration. [read post]
31 Jan 2017, 5:24 pm
I think he’s brilliant, thoughtful and temperate; he has the intellect of Justice Antonin Scalia, but not Scalia’s occasional irascibility — he comes across more Roberts-like than Scalia-like, I would say. [read post]
24 Jan 2017, 3:29 am
I’ve written about Antonin Scalia’s role in the late 1970s and early 1980s as editor of Regulation magazine, and more references to his work there came up at several panels during the recent Federalist Society lawyers convention, all worth watching for their own sake: antitrust (with Judges Doug Ginsburg, Frank Easterbrook (mentioning Regulation at 16:00), et al.), administrative law (Eugene Scalia, same, at 4:25+), and statutory interpretation (Paul Clement,… [read post]
4 Jan 2017, 11:00 am
So since there are still at least five votes on the court for the majority position in NFIB and King (and would be five votes for it in Hobby Lobby, if Justice Antonin Scalia’s replacement shares his views in that case), the bill would essentially have no effect, at least until one of the liberals or Chief Justice John Roberts retires. [read post]
22 Dec 2016, 3:05 am
Federalist Society National Lawyers Convention panel discussion on Justice Scalia, originalism, and the First Amendment with Profs. [read post]
1 Dec 2016, 5:35 am
Judge Posner’s complaint about Justice Scalia’s hypocrisy in joining the flag-burning opinion in Texas v. [read post]
29 Nov 2016, 8:09 am
Trump (@realDonaldTrump) November 29, 2016 But the Supreme Court held that flag-burning is constitutionally protected symbolic expression (in an opinion joined by Justice Antonin Scalia), and the vote was 5-4 when the matter arose in 1989 and 1990; I suspect it would be much more strongly in favor of protection today. [read post]
18 Nov 2016, 1:45 pm
Then-White House Counsel Kathryn Ruemmler in October 2013. [read post]
16 Nov 2016, 5:21 am
Orin Kerr, Randy Barnett, Ilya Somin, Nicholas Rosenkranz and Eugene Volokh are all speaking at the conference. [read post]
4 Nov 2016, 7:25 am
The Volokh Conspiracy is also well-represented, as my co-bloggers Orin Kerr, Randy Barnett, Ilya Somin and Eugene Volokh are all speaking at the conference. [read post]
7 Oct 2016, 8:32 am
” It’s perhaps worth noting that the Scalia Law School has close ties to the Volokh Conspiracy: Three bloggers (me, Ilya and Todd) are professors there; Eugene Kontorovich started his academic career at Mason, before moving on to Northwestern; Jonathan graduated from the law school; and Eugene Volokh and David Post have been visiting professors. [read post]
4 Oct 2016, 5:15 am
This blog’s preview of Shaw comes from Amy Howe, while Laurel Hopkins and Eugene Temchenko from Cornell also take a look at the case. [read post]
1 Aug 2016, 10:05 am
Just flip open even a relatively textualist account of interpretation, like Antonin Scalia and Bryan A. [read post]
