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31 Mar 2016, 3:00 am
  The first paragraph repeats the core holding of Mensing: that the question for impossibility “is whether the private party could independently do under federal law what state law requires of it. [read post]
19 May 2014, 1:50 pm
Counting both federal and state court decisions, it’s the seventeenth consecutive judicial win for same-sex marriage advocates since the Supreme Court’s decision in United States v. [read post]
20 Feb 2019, 2:00 pm
This month marks 50 years since the landmark Supreme Court ruling that cemented students’ rights to free speech in public schools, Tinker v. [read post]
17 Dec 2021, 5:00 am by Michael C. Dorf
While the states were seen as “laboratories of democracy” by Justice Brandeis in New State Ice Company v Liebmann – in recent years states have become “laboratories of national partisan politics,” to adopt Jessica Bulman-Pozen’s gloss on Brandeis. [read post]
17 Jul 2012, 8:37 am by Oona Hathaway
The following contribution to our symposium on Kiobel v. [read post]
21 Apr 2020, 9:11 am by John Duffy
First, while some of the dissent is a reiteration of complaints Gorsuch raised in his dissent two years ago in Oil States Energy Services, LLC v. [read post]
22 Apr 2008, 9:33 pm
Lemerond v. 20th Century Fox, No. 07-4635, 2008 WL 918579 (S.D.N.Y. [read post]
22 Feb 2018, 1:54 pm by Gail Cecchettini Whaley
This narrowed definition of who receives whistleblower protection — only those who first go to the SEC — excludes employees who only bring internal complaints and have not reported a securities violation to the SEC (Digital Realty Trust, Inc. v. [read post]
29 Jun 2008, 2:48 pm
Moreover, the relationship between Claimant and LQHT was contractual, which was at the core of R v Servite Houses, ex p Goldsmith [2001] LGR 55, as approved in YL v Birmingham City Council [2007] 3 WLR 112. [read post]