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5 May 2023, 1:48 pm by Ilya Somin
  In my last post, I summarized what I learned from Justice John Paul Stevens' papers on Kelo v. [read post]
4 May 2023, 9:51 pm by Ilya Somin
As discussed in my previous post, O'Connor endorsed a very broad view of public use in her opinion for the Court in Hawaii Housing Authority v. [read post]
4 May 2023, 9:01 pm by Vikram David Amar
But perhaps more importantly, Justice O’Connor’s abandonment (apparently with Justice Kennedy’s encouragement) of ISL shows us there was never a majority of Justices at the time of B v. [read post]
4 May 2023, 4:00 am by Eric Segall
 By Eric SegallTwenty years ago, Justice Sandra Day O'Connor wrote the following in Grutter v. [read post]
3 May 2023, 9:03 pm by renholding
I know that much time went into this release, including many hours over at least one very taxing weekend put in by Melissa Roverts Harke, Robert Holowka, Sirimal Mukerjee, Adele Kittredge Murray, Neema Nassiri-Motlagh, Jill Pritzker, David Stevens, Thomas Strumpf, Sarah ten Siethoff, and Samuel K. [read post]
3 May 2023, 1:45 pm by Josh Blackman
Thankfully, the release of Justice Stevens's papers has given us new insights into Scalia's prime-time on the Court. [read post]
2 May 2023, 5:40 pm by Sabrina I. Pacifici
In one notation, Stevens seemed to report that conservative Justice Clarence Thomas said the Florida Supreme Court “did not give us an option” because of the way it decided the case. [read post]
1 May 2023, 3:35 pm
Circuit used the Chevron doctrine in deciding the case the Supreme Court added to its docket Monday: whether [the National Marine Fisheries Service] can force herring fishermen off the coast of New England to [pay the salaries of the] federal monitors [that the Magnuson-Stevens Act requires them to make room for on board].... [read post]
1 May 2023, 9:05 am by Jonathan H. Adler
The Court has left Chevron in place for use by the lower courts, which continue to use the doctrine with some regularity, while also making clear that courts should defer less often than they have in the past. [read post]
29 Apr 2023, 7:13 am by Eric Goldman
Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. [read post]