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21 Feb 2017, 4:00 am by Guest Blogger
“The reasonable person”, wrote Justices Claire L’Heureux-Dubé and Beverley McLachlin in R. v. [read post]
2 Feb 2017, 1:22 pm by Andrew Hamm
Lynch, 834 F.3d 1142 (10th Cir. 2016) (wrote opinion and concurred separately) “inadmissibility under one-year bar prevented aliens who entered country illegally more than once from obtaining adjustment of status, did not apply retroactively to bar alien’s application for adjustment of status” Gorsuch wrote a separate concurrence expressing his doubts about the doctrine of Chevron deference, which “permit[s] executive bureaucracies to swallow huge amounts of core judicial and… [read post]
16 Jan 2017, 8:10 am by Mark Tushnet
One thing that Hogan did as ABA President was to name a Committee on the Bill of Rights, which filed an important amicus brief on behalf of the CIO in Hague v. [read post]
30 Nov 2016, 4:42 am by SHG
Holmes argued that “the best test of truth is the power of the thought to get itself accepted in the competition of the market. [read post]
14 Oct 2016, 7:56 pm by Schachtman
”[3] Poincaré’s metaphor is more powerful than Haack’s call for holistic evidence because it acknowledges that interlocking pieces of evidence may cohere as a building, or they may be no more than a pile of rubble. [read post]
10 Oct 2016, 2:04 pm by Sandy Levinson
 With respect, try telling that first to Eugene V. [read post]
9 Oct 2016, 9:01 pm by Ronald D. Rotunda
Congress only asks for very recent data, does not threaten criminal prosecution (Congress has no power to indict), and does not have the extensive arsenal of legal weapons of every prosecutor, such as grand jury or search warrants.Many Americans not believe that humans cause global warming or that global warming is a serious problem in spite of well-publicized research to the contrary. [read post]
5 Oct 2016, 5:00 am by Ian Ayres
  An analogous dynamic is described in the famous Delaware Chancery case, Smith v. [read post]
14 Sep 2016, 8:00 am by Ilya Somin
Even though Holmes made many bad decisions (including Buck v. [read post]
9 Sep 2016, 2:34 pm by Rebecca Tushnet
The total rents from patents are larger than the total costs; similarly true for university patent licensing income v. costs overall, even w/a lot of losers. [read post]
7 Sep 2016, 2:22 pm by JB
  Even though Holmes made many bad decisions (including Buck v. [read post]