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28 Jun 2010, 12:42 pm
But my thoughts are probably a little different than most others.Certain to be missed in the coverage of today’s decision in McDonald v. [read post]
28 Jun 2010, 11:49 am
Justices Stevens and Breyer wrote separate concurring opinions.Everyone expected that the majority opinion would be authored by departing Justice Stevens as his final decision, and it appears likely that the Court had earlier imagined that his opinion would collect majority approval; so it was a surprise, to me at least, that (a) Stevens' strike would have put the ball squarely in the net to knock out business method patents, though (b) his opinion fell one vote shy… [read post]
28 Jun 2010, 11:19 am
In so doing, the majority provided little explanation beyond the guideposts of the Benson, Flook, and Diehr cases. [read post]
28 Jun 2010, 9:08 am
There is little known history of that Clause. [read post]
28 Jun 2010, 8:47 am
I view Chief Justice Roberts's opinion, for a 5-4 Court, as a symbolic victory for the "unitary executive branch" view of the Presidency, but as little more than symbolic. [read post]
28 Jun 2010, 8:28 am
There were no dissents, only concurring opinions, which is in and of itself a little surprising, at least at first glance until you realize that the Justices all agreed Bilski’s invention ought not to be patentable, but some, such as Justices Stevens and Breyer would have found all business methods unpatentable. [read post]
27 Jun 2010, 6:34 pm
Justice Sotomayor filed a dissenting opinion, which was joined by Justice Stevens. [read post]
27 Jun 2010, 9:00 am
Napolitano's unfavorables have changed little since last spring following her department's release of a controversial report on right-wing extremist groups. [read post]
27 Jun 2010, 3:53 am
The Court takes very little time to release the orders, and moves on promptly to announcement of decisions. [read post]
26 Jun 2010, 10:50 pm
Never-robed members of the Harvard and Yale Law School faculties who dream of sitting next to Clarence Thomas and Steven Breyer? [read post]
26 Jun 2010, 1:01 pm
Steven Baddour, who expressed optimism that lawmakers would pass legislation and send it to the governor before the session ends on July 31. [read post]
25 Jun 2010, 7:54 am
But I think the relatively little-noticed decision in Morrison v. [read post]
25 Jun 2010, 7:18 am
" Steven Miles, a University of Minnesota professor who published a 2002 report called "Concealing Nursing Home Deaths," said almost half of the reported cause of deaths in nursing homes across the nation is wrong. [read post]
25 Jun 2010, 6:00 am
Contractures most commonly form in: •Hands •Feet •Arms •Legs Once an individual has developed contractures, little can be done to alleviate the problem aside from aggressive orthopedic surgery. [read post]
24 Jun 2010, 2:43 pm
Justice Stevens, in his separate opinion, referred to the Second Circuit as the “Mother Court of securities law” and to Judge Friendly as the “master arborist” tending to “a judicial oak which has grown from little more than a legislative acorn. [read post]
24 Jun 2010, 6:40 am
Brookings fellow Melissa Rogers suggests, in a new paper and its summary on the Brookings website, that the “substitution of Kagan for Stevens could result in a qualitatively different vote” on First Amendment issues. [read post]
23 Jun 2010, 5:56 am
In other words, they are very smart people who understand how law and justice work, but may know little about any particular substantive area. [read post]
22 Jun 2010, 1:55 pm
The problem here was not the law – as Justice Stevens showed in another powerful dissent, nothing in the Federal Arbitration Act, its history, or the Court’s precedents, remotely compelled this result – it was the five conservative Justices in the majority. [read post]
22 Jun 2010, 9:31 am
Little (littler@uchastings.edu), U.C. [read post]
21 Jun 2010, 3:17 pm
George Mason law professor Ilya Somin took us very seriously (perhaps a little too seriously). [read post]
