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2 Feb 2020, 11:48 am by Sandy Levinson
 It is worth noting that Antonin Scalia's most enduring legacy, at this point, is his insistence on the importance of text, and it is worth noting as well that the most able defender of textualism in the legal academy is the current Dean of the Harvard Law School, John Manning. [read post]
29 Dec 2019, 9:05 pm by Series of Essays
This essay provides a brief history of regulation and deregulation, reviewing the key milestones that have shaped regulatory practices in the United States from the mid-1900s to the presidency of Donald J. [read post]
18 Dec 2019, 10:02 pm by Josh Blackman
Though no Justice joined this part of the opinion, the four dissenting Justices—Justices Scalia, Kennedy, Thomas, and Alito—agreed with Part III-A in a separate opinion. [read post]
4 Dec 2019, 4:40 am by Editor Charlie
Nebraska, 574 U.S. ____ (2015) (Scalia, J. concurring in part, dissenting in part): I write separately to note that modern Restatements—such as the Restatement [at issue in the case at bar]—are of questionable value, and must be used with caution. [read post]
2 Dec 2019, 12:25 pm by Gordon Ahl
.: The House Judiciary Committee will hold a hearing titled, "The Impeachment Inquiry Into President Donald J. [read post]
1 Nov 2019, 12:00 pm by William B. Gould IV
Equally interesting, the same was true during my Clinton Board, when we used the most effective enforcement tool in the Act, Section 10(j), at historically unprecedented frequency. [read post]
18 Oct 2019, 12:30 pm by John Ross
In 2001, Justice Antonin Scalia famously asked, "What is golf? [read post]
9 Oct 2019, 8:13 pm by Marty Lederman
The Supreme Court heard oral argument yesterday morning in three cases concerning whether the provision in Title VII of the Civil Rights Act of 1964 making it unlawful for a covered employer to “discriminate against” an employee “because of such individual’s . . . sex” prohibits such an employer from firing an employee because he’s a gay man or because she's a transgender woman. [read post]
2 Oct 2019, 12:12 pm
  Brand X also determined that DNS and caching were “inextricably intertwined” with high speed bit transmission that the FCC could reasonably conclude that Internet Service Providers did not offer a telecommunications service on a standalone basis, a conclusion reached by Justice Scalia in dissent. [6]            The court also rejected the view that these two functions fit within an exception to the normal application… [read post]
2 Oct 2019, 12:12 pm
  Brand X also determined that DNS and caching were “inextricably intertwined” with high speed bit transmission that the FCC could reasonably conclude that Internet Service Providers did not offer a telecommunications service on a standalone basis, a conclusion reached by Justice Scalia in dissent. [6]            The court also rejected the view that these two functions fit within an exception to the normal application… [read post]
3 Sep 2019, 6:00 am by Kelly McKenna
 After graduation, he served as a law clerk to Justice Antonin Scalia on the Supreme Court and Judge J. [read post]