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16 Jul 2019, 9:05 pm by Herbert Hovenkamp
This view harkens back to a nineteenth century tort law concept that was widely used by courts to limit tort liability, particularly in railroad cases. [read post]
16 Jul 2019, 11:47 am by Mary Ellen O’Connell
Realism is based on Thomas Hobbes’s dark view of human nature. [read post]
15 Jul 2019, 3:27 am by Edith Roberts
” Briefly: At NPR, Nina Totenberg looks at the “unique” jurisprudence of Justice Clarence Thomas, noting that “Thomas this term has charted a course that is, at times, breathtakingly different from those of his colleagues. [read post]
14 Jul 2019, 4:22 am
The IPKat is delighted to host the analysis below by Thomas Key, a JD student at Chicago-Kent Law School, on the recent decision of the US Supreme Court in Iancu v. [read post]
12 Jul 2019, 12:21 pm by Jacques Singer-Emery, Patrick McDonnell
Sterling Thomas, counsel for al-Baluchi, agreed that viewing proceedings remotely would be a step in the right direction. [read post]
12 Jul 2019, 3:51 am by Edith Roberts
Briefly: At The Atlantic, Emma Green remarks that “[t]he most significant part of [Justice Clarence] Thomas’s legacy … may take shape long after he has stopped writing opinions”: “Through his clerks and mentees, the notoriously silent justice may end up with an outsize voice in the legal system for years to come. [read post]
12 Jul 2019, 3:00 am by Jim Sedor
National/Federal 2020 Democrats Vow to Get Tough on Lobbyists The Hill – Alex Gangitano | Published: 7/7/2019 Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. [read post]
11 Jul 2019, 9:05 pm by Gordon D. Todd
Finally, Justice Neil Gorsuch’s lead opinion, joined by Justices Clarence Thomas and Brett Kavanaugh, similarly rejected field and conflict preemption. [read post]
10 Jul 2019, 1:06 pm by Sandy Levinson
Another, perhaps, is that justices who feel some special need, unlike, say, Justice Thomas, to demonstrate their fidelity to often incoherent precedents, will inevitably write near-gibberish as a result. [read post]
10 Jul 2019, 12:14 pm by Steve Lubet
Depending on one’s political views, there are disastrous judges – Thomas, for liberals; Ginsburg, for conservatives – who have plenty of formally certified acumen. [read post]
9 Jul 2019, 11:18 am by Shea Denning
Justice Thomas’s view that an exigency exists in every case involving the dissipation of alcohol necessarily encompasses the plurality’s narrower “almost always” exigency rule. [read post]
  Maybe, the plurality views a warrantless blood sample taken by hospital personnel as falling under the inevitable discovery exception to the search warrant requirement. [read post]
9 Jul 2019, 3:08 am by Benjamin Beaton
” In his view, and Justice Thomas’, this should have permitted some (though not all) of the Tennessee regulations at issue. [read post]
9 Jul 2019, 3:08 am by Lauren Kuley and Benjamin Beaton
” In his view, and Justice Thomas’, this should have permitted some (though not all) of the Tennessee regulations at issue. [read post]
9 Jul 2019, 3:08 am by Lauren Kuley and Benjamin Beaton
” In his view, and Justice Thomas’, this should have permitted some (though not all) of the Tennessee regulations at issue. [read post]
8 Jul 2019, 7:30 am by Randy Barnett
Or perhaps, per Justice Thomas, a modern severability doctrine should be repudiated. [read post]
8 Jul 2019, 7:00 am by Rosemary Grey
The first, concerning FPLC president Thomas Lubanga Dyilo, focussed solely on the recruitment and use of child soldiers. [read post]