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10 Jun 2008, 9:21 am
That said, any lawyer with experience will have, no doubt, despaired at cases where matters of form have triumphed over substantive issues. [read post]
2 Dec 2009, 1:15 pm
Justice Breyer questioned whether littoral property owners have a right to access the water, and Chief Justice Roberts joined in, asking "[i]f somebody wanted to put up a hot dog stand on this new land, would you have the right to tell them they can't? [read post]
4 Jun 2018, 8:27 am by Rebecca Tushnet
Post: as a practical matter, you can always sue and draw a judge who won’t do the right thing. [read post]
3 Feb 2023, 7:23 am by Rebecca Tushnet
Also, why don’t we figure out whether the constitutional language matters—are these products of authorship or products of inventorship? [read post]
29 May 2019, 10:18 am by Benjamin Wittes
Mueller said he “hop[ed] and expect[ed]” he would not speak about the matter further and that “[t]he report is my testimony. [read post]
23 Jul 2007, 1:20 pm
That is because Congress was outraged in 1987 when a newspaper published the video rentals of then-Supreme Court nominee Robert Bork. [read post]
16 Mar 2011, 12:23 pm
One person familiar with the matter said several partner meetings were scheduled for Wednesday. [read post]
2 Feb 2016, 10:06 am by Kevin Smith and Lindsay Colvin
”[10]  Even where a plaintiff rejects a Rule 68 settlement offer, Roberts argued, “[t]he agreement of the plaintiff is not required to moot a case . . . [read post]
29 Jun 2012, 9:24 am by Rumpole
”Second: no matter the result, Roberts had bigger fish to fry than health care: the commerce clause. [read post]
30 May 2018, 5:00 am by Grayson Clary
While Customs and Border Protection’s own policies bar the search of cloud data, the Eleventh Circuit’s ruling doesn’t make clear whether any such restrictions apply as a matter of constitutional law. [read post]
14 Oct 2021, 3:59 am by SHG
If these collateral consequences matter, they matter. [read post]
15 May 2018, 3:53 am by SHG
We don’t have to like it, but we must nonetheless respect the fact that the Constitution gives certain decisions to the client no matter what we believe to be in his best interest. [read post]
11 Dec 2018, 4:12 am by SHG
Roberts’ dissent in Paroline v. [read post]
17 Jul 2023, 8:32 am by Eric Goldman
Justice Sotomayor wrote a concurring opinion, joined by Chief Justice Roberts and Justices Kagan and Barrett, which agreed with the majority on the judgment only. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
Anderson is a per curiam decision, which means we do not know the author, and, although I shouldn't speculate, it reads in some respects like the voice of Chief Justice Roberts. [read post]