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3 Aug 2018, 4:24 am by Edith Roberts
” At Bloomberg Law, Bert Rein writes that “[w]hat the unsatisfying analyses of both majority and dissent” in Ohio v. [read post]
26 Jul 2018, 11:55 am by Christopher Walker
In reviewing Kavanaugh’s robust record on administrative law, I find myself agreeing with Jonathan Adler’s conclusion that a Justice Kavanaugh would not bring to the Supreme Court a commitment, in Steve Bannon’s words, to the “deconstruction of the administrative state. [read post]
26 Jul 2018, 9:59 am by Andrew Hamm
” As Maggie Haberman and Jonathan Martin reported in the New York Times before Kavanaugh’s nomination, Senate Majority Leader Mitch McConnell of Kentucky was “concerned about the volume of documents that Judge Kavanaugh has created” in his career, which, Haberman and Martin wrote, “McConnell fears could hand Senate Democrats an opportunity to delay the confirmation vote. [read post]
17 Jul 2018, 5:40 am by Kevin Kaufman
The authors would like to acknowledge the research assistance of Ben Strachman in compiling the data for this report. [read post]
15 Jul 2018, 9:01 pm by Vikram David Amar
Again, Justice Ginsburg’s majority opinion said the meaning of “legislature” in the federal Constitution varies with the job that is called upon by any given provision. [read post]
11 Jul 2018, 12:47 pm by Jonathan H. Adler
Bush Administrations, then–Chief Justice William Rehnquist discussed the delays3 and their effect of discouraging private practice attorneys in particular from wanting to be federal judges. [read post]
9 Jul 2018, 4:49 pm by Jonathan H. Adler
Therefore, if 40 Senators oppose something, they can prevent a majority vote on the merits. [read post]
7 Jul 2018, 1:05 pm by Jonathan H. Adler
Circuit, the court where most challenges to major federal regulations are heard. [read post]
2 Jul 2018, 5:21 am by Andrew Hamm
Wade and other major precedents. [read post]
28 Jun 2018, 9:01 pm by Vikram David Amar
” A majority of the Supreme Court held that such “commandeering” of local law enforcement personnel—telling local personnel what they what they must affirmatively do without giving states and localities any choice about whether to assist—violates the Tenth Amendment and the principles of state autonomy that it represents.That brings us to the part of recent immigration reform proposals that seeks to address sanctuary jurisdictions. [read post]
27 Jun 2018, 4:20 am by Edith Roberts
” Additional commentary comes from Jonathan Weinberg at The Conversation. [read post]
25 Jun 2018, 4:00 am by Howard Friedman
William Callison, Dangling Threads: Hobby Lobby and Corporate Law Issues, 48 University of Memphis Law Review 447-461 (2017).Andrew L. [read post]
22 Jun 2018, 3:31 am by Edith Roberts
” At Reason’s Volokh Conspiracy blog, Jonathan Adler notes the “unusual line-up[s]” in Lucia and Wayfair. [read post]
In the space below, we offer some big-picture observations on the approach set forth in Justice Kennedy’s majority opinion.It’s Civility and Equal Respect, StupidAlthough the majority opinion raises interesting doctrinal questions, some of which we address below, what may be most memorable and important in this opinion is not the analytic moves it makes, but the tone it employs and the message about respect, civility, and dignity it tries to send. [read post]
31 May 2018, 9:01 pm by Vikram David Amar
I take up each of the three state enactments—and the major issues raised therein—in turn.The IWPAAccording to the complaint, the IWPA “regulates how private employers in California must respond to federal efforts to ensure compliance with federal immigration laws through investigations in places of employment. [read post]
17 May 2018, 9:01 pm by Vikram David Amar
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. [read post]
15 May 2018, 5:37 am by Colby Pastre
The major achievement of this tax reform was the creation of a flat-rate tax system for the individual income tax, which was passed in a 2006 special session. [read post]
3 May 2018, 9:01 pm by Vikram David Amar
Among the explanations offered for the attitudes of modern college students were:A failure of college students today to appreciate that if majorities are allowed to silence minorities, then throughout American history righteous groups like the abolitionists, civil rights protestors, women’s rights advocates, and others would not have been able speak and convince people of the justness of their causes;A similar failure of modern college students to appreciate that while their… [read post]