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3 Dec 2021, 12:06 pm
On the first page of their brief, under their “Questions Presented,” the challengers quote directly from Justice Neil Gorsuch’s dissent, joined by Justices Clarence Thomas and Samuel Alito, from the denial of the emergency application. [read post]
30 Nov 2021, 6:29 pm
The Case of Algorithmic Classification of Workers Samuel Dahan (Queen’s University)Discussant: Matteo Winkler (HEC Paris)Paper: Fairness of Credit Scoring Models, Christophe Perignon (HEC Paris)Discussant: Frédéric Marty (CNRS, Université Côte d’Azur)Paper: Going beyond the Common Suspects – To Be Presumed Innocent in the era of big data, Athina Sachoulidou (Nova Law School)Discussant: Delphine Dogot (Université Catholique de… [read post]
30 Nov 2021, 8:45 am
The interest in protecting the woman's safety becomes compelling only in trimester two. c. [read post]
24 Nov 2021, 12:25 pm
Angell and Samuel A [read post]
23 Nov 2021, 3:58 am
Biresaw, Samuel Maigreg “Appraisal of the Success of the Instruments of International Commercial Arbitration vs. [read post]
21 Nov 2021, 9:00 pm
”[33] To support its position that the balancing requirement does not apply to ETSs, OSHA relies on the Supreme Court’s reasoning in the 1981 Cotton Dust ruling.[34] However, while the Court in that case did hold that a cost-benefit analysis is not required with respect to § 6(b)(5) permanent standards, it did not address whether such an analysis is required with respect to § 6(c) ETSs.[35]Notably, in an ETS challenge decided after the Supreme Court’s Cotton Dust… [read post]
9 Nov 2021, 9:01 pm
Justice Samuel Alito’s majority opinion in McDonald covered much of the same historical ground as Justice Thomas covered.Originalism Versus Jot-for-Jot IncorporationYet there is considerable tension between, on the one hand, the historical approach favored by the Court’s conservative majority in McDonald and (seemingly) NYSR&P, and on the other hand, the Court’s general approach to incorporation of the Bill of Rights.Most of the cases incorporating provisions of the… [read post]
9 Nov 2021, 9:01 pm
Justice Samuel Alito’s majority opinion in McDonald covered much of the same historical ground as Justice Thomas covered.Originalism Versus Jot-for-Jot IncorporationYet there is considerable tension between, on the one hand, the historical approach favored by the Court’s conservative majority in McDonald and (seemingly) NYSR&P, and on the other hand, the Court’s general approach to incorporation of the Bill of Rights.Most of the cases incorporating provisions of the… [read post]
3 Nov 2021, 9:30 pm
He has given two lectures in the Supreme Court chamber in the Society’s Leon Silverman Lecture Series and was the expert commentator for a Frank C. [read post]
2 Nov 2021, 12:27 pm
I may also offer (c) some normative suggestions about what should be done. [read post]
24 Oct 2021, 9:05 pm
In practice, courts have not been well disposed to Title III plaintiffs, as scholars such as Ruth Colker and Samuel Bagenstos have demonstrated. [read post]
21 Oct 2021, 12:01 pm
Blanco, Samuel Romero Ramer, Silvia Fazio, César Fernández and Katey Fardelmann for more details on the tip line for the Northern Triangle. [read post]
14 Oct 2021, 9:01 pm
Earlier this month, the Cornell Law School Federalist Society sponsored a debate about abortion between my friend and colleague, Professor Deborah Dinner, and Samuel Green, the President and General Counsel of Reason for Life, an organization that is helping people recognize “the evil of abortion” and asking people to support this mission in the following ways: donating money; praying “that the Lord guides and blesses our work”; and introducing the organization… [read post]
14 Oct 2021, 11:08 am
§ 3596(c) and Atkins v. [read post]
6 Oct 2021, 3:31 pm
Gun License Act, Act 33 & 34 Vict. c. 57 (1870). [read post]
5 Oct 2021, 12:33 pm
§ 3596(c) and Atkins v. [read post]
30 Sep 2021, 2:14 pm
§ 3282(c), appears to strike a blow for presidential accountability, but on closer inspection it does precisely the opposite. [read post]
20 Sep 2021, 9:01 pm
Early next month at Cornell Law School, the Federalist Society is hosting an event at which a pro-life visitor, Samuel Greene, will be debating and discussing abortion with my friend and colleague, Professor Deborah Dinner. [read post]
17 Sep 2021, 5:01 am
IIRIRA provided a mandatory detention provision—currently § 1226(c)—for noncitizens convicted of certain crimes. [read post]
9 Sep 2021, 10:05 pm
Samuel Axon of Ars Technica believes that we will see an iPhone 13 and iPhone 13 Pro, an Apple Watch Series 7, new AirPods, and a new entry-level iPad and iPad mini. [read post]