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24 Aug 2020, 4:03 am
Justice Powell’s opinion in Marks announced what is now known as the narrowest grounds rule: “When a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, ‘the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds. [read post]
23 Aug 2020, 7:49 pm by Omar Ha-Redeye
One view, as I discuss in the next section, is that the “plus” refers merely to non-trivial contact. [read post]
19 Aug 2020, 1:27 pm by kwalters
The dissenters’ views tell us as much about what at least four members of the Court think about the reality of abortion care in the United States—and how those views may lay the groundwork for reversing Roe. [read post]
17 Aug 2020, 5:01 am by Sean Quirk
” These views constituted a foundational philosophy for UNCLOS. [read post]
15 Aug 2020, 8:20 am by David Post
" Four Justices (Thomas, Alito, Gorsuch, and Kavanaugh) voted in favor of the State. [read post]
14 Aug 2020, 11:20 am by Eugene Volokh
The Ninth Circuit right now has 16 judges appointed by Democrats (including the Chief Judge) and 13 appointed by Republicans, though of course party of appointment is an imperfect predictor of views on this question. [read post]
14 Aug 2020, 7:20 am
” And to that end, we reiterate our call for legislators to step up and take action by implementing the protective measures that are so direly needed.# # #DISCLAIMER: As COVID-19 related developments change daily, this must be viewed as an exceptionally fluid situation. [read post]
14 Aug 2020, 7:20 am
” And to that end, we reiterate our call for legislators to step up and take action by implementing the protective measures that are so direly needed.# # #DISCLAIMER: As COVID-19 related developments change daily, this must be viewed as an exceptionally fluid situation. [read post]
14 Aug 2020, 4:01 am
The Brooklyn Brewery Corporation v.Brooklyn Brew Shop, LLC, Opposition No. 91223982 and Cancellation No. 92062838 (August 10, 2020) [precedential] (Opinion by Judge Thomas Shaw).Defendant's registration for BROOKLYN BREW SHOP issued on October 4, 2011 on an application that was published on July 19, 2011. [read post]
13 Aug 2020, 11:24 am by Amy Howe
Three justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – indicated that they would have granted the Republicans’ request. [read post]
11 Aug 2020, 9:55 pm by Kevin Kaufman
Key Findings The fiscal responses to the COVID-19 pandemic will require policymakers to consider what revenue resources should be used to fill budget gaps. [read post]
11 Aug 2020, 7:07 am by Derek T. Muller
Thomas further contends that it is also a stimulant to the law school faculty to maintain high standards of legal education because the faculty knows that their students will be examined by state authorities. [read post]
10 Aug 2020, 5:53 am by Tom Smith
According to NASA’s statement, the world “Eskimo” is “widely viewed as a colonial term with a racist history, imposed on the indigenous people of Arctic regions. [read post]
10 Aug 2020, 5:30 am by Guest Blogger
My view, however, is that McKesson could clarify a lot more than one might initially imagine.A summer of discontent—weak and uncertain First Amendment protectionsFueled by frustration with the pandemic and mounting evidence of its disproportionate impact on communities of color, the murder of George Floyd in late May precipitated a two-week period in which the country saw some of the most extensive protesting in U.S. history. [read post]
7 Aug 2020, 6:57 am by Richard Garnett
The first was the constitutionalization — indeed, the fetishization — of a James Madison pamphlet and a phrase in one of Thomas Jefferson’s constituent-service letters. [read post]
6 Aug 2020, 12:30 am by Thaddeus Mason Pope, JD, PhD
 The University of Saint Thomas program starts at 5:00 PM central. [read post]