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14 Jul 2022, 10:02 am by Josh Blackman
Justice Story celebrated the decision in Worcester: "'[T]hanks be to God, the Court can wash [its] hands clean of the iniquity of oppressing the Indians and disregarding their rights.'" Breyer 420. [read post]
13 Jul 2022, 6:33 pm by Jack Bogdanski
But I think she is on to something about how Roberts will be remembered, one way or the other. [read post]
12 Jul 2022, 9:43 am by Howard Bashman
“John Roberts’s Moderate Gambit; John Roberts hasn’t entirely lost his fight for judicial moderation”: Andy Smarick has this post at the “Law & Liberty” blog. [read post]
12 Jul 2022, 7:34 am by Dan Farber
Roberts made it clear, though, that EPA can impose tough but feasible standards even if they have the effect of reducing the use of a fuel. [read post]
11 Jul 2022, 3:05 pm by Josh Blackman
Don't forget Justice Scalia's barb from his dissent in Los Angeles v. [read post]
11 Jul 2022, 11:37 am by Eugene Volokh
Amy Adler, Vince Blasi, Erwin Chemerinsky, Jamal Greene, Michael McConnell, Robert Post, Fred Schauer, Geoffrey Stone, and Rebecca Tushnet, as well as Judges Stephanos Bibas, Jose Cabranes, Douglas Ginsburg, Raymond Randolph, Neomi Rao, Robert Sack, David Stras, Jeffrey Sutton, and Diane Wood. [read post]
11 Jul 2022, 7:13 am by Dan Farber
Roberts seems to be trying hard to domesticate the major questions doctrine so it won’t be just a wildcard for judges to play. [read post]
11 Jul 2022, 4:06 am by SHG
Roberts, shockingly, didn’t take Josh’s advice. [read post]
11 Jul 2022, 2:00 am by David Oscar Markus
The idea of a banana duct-taped to a wall is uncopyrightable, but the specific “selection, coordination, and arrangement” of the various elements of the sculpture can receive a degree of protection, Judge Robert N. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
  And, although he doesn’t develop the point, he would surely be properly hostile to an embrace of “precedent” that avoids any discussion of the propriety of the original decision and the extent to which it serves us well today. [read post]
8 Jul 2022, 2:03 pm by Jesse Kreier
It shouldn’t be a heavy lift for the EU and New Zealand to agree to apply these concepts, as both Parties already use them in their trade remedy investigations. [read post]