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17 Jun 2014, 5:33 am
Commentary on the case comes from Ruthann Robson at Constitutional Law Prof Blog, who writes that the Court’s “relatively short and unanimous opinion breaks no new ground”; from Garrett Epps of The Atlantic, who predicts that both the Ohio law at issue in the case and other similar laws will “go down in the next few years”; from Lisa Soronen at the blog of the National Conference of State Legislatures, who observes that the case “should be of more interest… [read post]
3 Jun 2014, 6:05 am
United States, where a defendant was convicted of violating Sarbanes-Oxley’s ‘anti-shredding’ prohibition by throwing illegally caught fish off his boat”; Ruthann Robson at Constitutional Law Prof Blog, who summarizes the case as one in which, “[i]n a nutshell, the Court concludes that the federal prosecutors exceeded the power the statute gave them . . . and thus there is no need to decide whether Congress exceeded the power the Constitution’s treaty and… [read post]
2 Jun 2014, 1:14 pm
Howard Wasserman already has posted something on some aspects of the style of Chef Justice Roberts's opinion in Bond, asking whether "Robert's penchant for these flourishes makes for good writing or whether it is incredibly distracting. [read post]
28 May 2014, 4:19 am
Lyle Denniston covered the decision for this blog; commentary on the decision comes from Howard Wasserman at PrawfsBlawg, who contends that, although the unanimous opinion by Justice Ginsburg “[s]ounds simple enough, . . . inside the opinion is a lot of really bad stuff”; from Ruthann Robson at the Constitutional Law Prof Blog, who argues that the decision is “important” because “[i]t further narrows the space for claiming First Amendment… [read post]
21 May 2014, 4:13 am
” At PrawfsBlawg, Richard Re and Howard Wasserman take on the issue of the Court’s decision and standing. [read post]
20 May 2014, 5:15 am
Howard Wasserman at PrawfsBlawg has posted a comment on Justice Scalia’s recent commencement address at William & Mary. [read post]
12 May 2014, 4:40 am
’” In another post at PrawfsBlawg, Howard Wasserman responds to Garnett’s post, acknowledging that “[i]t is an open question when, exactly, an establishment occurs (which is Rick’s point),” but adding that “it is not as simple as Kennedy suggests in saying ‘you can always express your own views’–the government’s involvement changes the metric. [read post]
8 May 2014, 3:00 am
A few measured, non-alarmist reactions to the decision: Noah Feldman via Rick Pildes, ABC News (quoted views of Rick Garnett, Notre Dame, and Daniel Mach, ACLU), and Howard Wasserman/Prawfs. [read post]
7 May 2014, 5:22 am
At PrawfsBlawg, Howard Wasserman weighs in on the decision, arguing that it “seems extraordinarily unlikely that a plaintiff will even be able to even sufficiently plead” that a pattern of prayers rises to the level of violating the Constitution, while at his eponymous blog Ed Mannino breaks down the opinion and suggests that “a single change in the court might occasion a swift overruling or severe limitation on the broad discretion conferred by the… [read post]
6 May 2014, 5:11 am
Luke Rioux discusses the decision in detail at Harmless Error, while Howard Wasserman weighs in at PrawfsBlawg. [read post]
20 Apr 2014, 2:00 pm
Over at PrawfsBlawg, Professor Howard Wasserman argues that the following courses are the “canon” courses in law school. [read post]
24 Feb 2014, 2:23 pm
Howard M. [read post]
23 Jan 2014, 5:21 am
” At PrawfsBlawg, Howard Wasserman has a brief discussion of yesterday’s opinion in Medtronic v. [read post]
22 Jan 2014, 5:33 am
“Weirdly, two of [the New Jersey bridge plaintiffs] work for the attorney who’s representing them” [John Culhane, Slate via Howard Wasserman, Prawfs, earlier] Tweet Tags: chasing clients, New JerseyClose-to-home plaintiffs is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
17 Jan 2014, 5:55 am
” Briefly: At PrawfsBlawg, Howard Wasserman analyzes Tuesday’s opinion in Daimler AG v. [read post]
3 Jan 2014, 6:06 am
I'll be there later this afternoon to present a 7 minute version of my paper with Howard Wasserman and Michael McCann called, Catalyzing Fans. [read post]
2 Jan 2014, 10:45 pm
For details, see Wasserman. [read post]
8 Dec 2013, 8:05 pm
., power to make binding rules without new legislation [Michael Greve] Lorax standing humor: even the Ninth Circuit might not have been able to help [Howard Wasserman, Prawfs] “Formalism and Deference in Administrative Law” [panel at Federalist Society National Lawyers' Convention with Philip Hamburger, Kristin Hickman, Thomas Merrill, and Jide Okechuku Nzelibe, moderated by Jennifer Walker Elrod] Tweet Tags: administrative law, Baltimore, CPSC, discovery, forum… [read post]
8 Dec 2013, 7:58 pm
Central Pension Fund, previewed for this blog by Howard Wasserman. [read post]
27 Nov 2013, 11:39 am
Moss came from Richard Wolf of USA Today and from Howard Wasserman at PrawfsBlawg, who suggests that the decision to grant review “doesn’t bode well” for the Ninth Circuit’s decision allowing the case against the Secret Service agents to proceed. [read post]