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17 Nov 2019, 10:49 am by Josh Blackman
If, for whatever reason, our first Chief Justice, John Jay, had been unable to attend to matters at the Court, the Associate Justice with the most seniority would preside. [read post]
14 Nov 2019, 1:57 pm
The remainder are named for historical figures—think Thomas Jefferson School of Law or the John Marshall Law School—or people who were key to the school’s history. [read post]
14 Nov 2019, 8:50 am by Derek T. Muller
Washington at 67, John Adams at 73, Thomas Jefferson at 83, James Madison at 85, James Monroe at 73, and John Quincy Adams at 80.The requirement would undoubtedly alter how presidential campaigns would run. [read post]
13 Nov 2019, 6:58 am by Adam Feldman
Several times in his opinion, Thomas pointed to dissents in Hall. [read post]
13 Nov 2019, 3:42 am by Edith Roberts
Thomas Shannan and David Relihan preview the case at Cornell Law School’s Legal Information Institute. [read post]
13 Nov 2019, 3:02 am by Walter Olson
House of Representatives votes lopsidedly in favor of CASE Act [Makena Kelly, The Verge; Jonathan Bailey, Plagiarism Today; Katharine Trendacosta and Ernesto Falcon, Electronic Frontier Foundation, here, here, here, and here; Mike Masnick, TechDirt; Copyright Alliance and ABA president Judy Perry Martinez (supportive of bill); earlier] A social media platform that proposes to vet political claims for truthfulness will inevitably be drawn into taking sides in favor of some political factions… [read post]
12 Nov 2019, 7:55 pm by Margaret Taylor, Benjamin Wittes
Author’s note: The body of this article draws heavily on the excellent deposition summaries written by Lawfare editors and contributors Charlotte Butash, Kelsey Clinton, Mikhaila Fogel, Vishnu Kannan, Patrick McDonnell, Jacob Schulz, Chinmayi Sharma and Masha Simonova, and edited by us. [read post]
12 Nov 2019, 5:55 am by Bob Ambrogi
When I give presentations on lawyers’ ethical duty to be competent in technology, audience members often come up to me afterwards and ask something to the effect of, “Ok, I get it, but how do I become competent in technology? [read post]
11 Nov 2019, 5:42 pm by Vishnu Kannan
By mid-August, security assistance had still not been released, so Taylor contacted the State Department Counselor Thomas Ulrich Brechbuhl to ask whether U.S. policy towards Ukraine was shifting. [read post]
11 Nov 2019, 6:30 am by Richard Primus
Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
6 Nov 2019, 6:25 am by Jayesh Rathod
This prompted a telling response from Chief Justice John Roberts, who described the parties’ battle of analogous provisions as “almost a wash. [read post]
5 Nov 2019, 9:01 pm by Kevin Kaufman
Key Findings Our estimates show that a carbon tax levied on all energy-related carbon emissions at a rate of $50 per metric ton and an annual growth rate of 5 percent would generate $1.87 trillion in additional federal revenue over the next 10 years. [read post]
1 Nov 2019, 12:00 pm by William B. Gould IV
The Supreme Court held 9-0, Justice Scalia and Justice Thomas and all joining in Justice Breyer’s opinion that such union paid workers could not be dismissed or disciplined for union activity.(4) But the point here is that never once did the employer insist that such workers were disloyal because they moonlighted for another employer, i.e. in this case the union. [read post]
1 Nov 2019, 7:25 am
Investment Disputes, State Sovereignty, and Change in Treaty Design Hyeonho Hahm, Thomas König, Moritz Osnabrügge, & Elena Frech, Who Settles Disputes? [read post]