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30 Mar 2018, 3:10 am by Walter Olson
” [Ilya Shapiro on Cato merits amicus filing in Lucia v. [read post]
20 May 2019, 2:59 am by Walter Olson
[Kimberly Strawbridge Robinson, Bloomberg] Fundamental restructuring of Supreme Court becomes a popular campaign issue with Democrats, and the dangers in that [Ilya Shapiro, Washington Examiner] More: Gorsuch, Kavanaugh differ often, we can see clearly now [Jonathan Adler and update] Federalist Society video on stare decisis with Roger Pilon, and related by Pilon on constitutional stare decisis; The high court decides relatively few admiralty/maritime cases but has heard more… [read post]
22 Mar 2017, 9:15 pm by Walter Olson
Ilya Shapiro and David McDonald describe the background of the Eighth Circuit case of Niang v. [read post]
21 May 2016, 9:31 am by Walter Olson
Writes Ilya Shapiro: [Judge] Hanen’s remedy consists of five components: (1) all the lawyers at DOJ headquarters who litigate in the 26 states that challenged DAPA (most of them) have to go back to school for an annual ethics course taught by an outside expert; (2) DOJ has to certify annually for five years that these lawyers are indeed going to school; (3) the attorney general must report within 60 days “a comprehensive plan to prevent this unethical conduct from… [read post]
24 Sep 2018, 3:01 am by Walter Olson
” [Peter Van Doren and Randal O’Toole, Cato] Whether grounded in official discretion or legislation, cash exactions levied on land development should still need to meet constitutional standards [Ilya Shapiro and Reilly Stephens on Cato Institute certiorari amicus brief in Dabbs v. [read post]
20 Aug 2017, 9:05 pm by Walter Olson
Mike Lee (R-Utah) [Ilya Shapiro, Cato] “Occupational licensing should not be used to keep honest Americans out of work” [Clark Neily, The Hill] Video of Heritage panel on the subject with Maureen Ohlhausen of the FTC, Alex Tabarrok, Paul Larkin, and Dexter Price [Marginal Revolution] “The Massachusetts Supreme Judicial Court has allowed an employee to pursue a disability discrimination claim based on the use of medical marijuana. [read post]
27 Jan 2015, 9:05 pm by Walter Olson
Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. [read post]
14 Oct 2016, 3:01 am by Walter Olson
Ilya Shapiro and Devin Watkins: In a case out of California, two citizens were taking pictures of border crossings from public sidewalks of what they believed were environmental problems and unlawful searches. [read post]
26 Jan 2017, 3:13 am by Walter Olson
West Virginia you don’t [Ilya Shapiro and Devin Watkins on Cato amicus brief in Felkner v. [read post]
27 Dec 2017, 4:35 am by Edith Roberts
Briefly: At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and others weigh in on National Institute of Family and Life Advocates v. [read post]
10 Apr 2010, 1:12 pm by Eugene Volokh
There are contributions from our own Jonathan Adler, James Copland, Ted Frank, Rick Garnett, Stephanie Hessler, Curt Levey, Neomi Rao, Ralph Reed, William Saunders, Ilya Shapiro, and me. [read post]
26 Feb 2014, 9:39 pm by Walter Olson
My Cato colleague Ilya Shapiro’s thoughts are here. [read post]
2 Jul 2018, 2:59 am by Walter Olson
Mark your calendar now for Cato’s Constitution Day September 17 with a star-packed program (plus me) [register; Facebook event] “Cato Did Remarkably Well at the Supreme Court” with an 11-3 record this term [Ilya Shapiro] Cakeshop crumbs: “The Scope of the Masterpiece Cakeshop Decision Will Be Determined by the Concurrences” [Erica Goldberg] “Does Masterpiece Cakeshop’s Easy Inference of Hostile Intent Overturn Employment Division v… [read post]
20 Nov 2017, 2:58 am by Walter Olson
Hoping to blame Pacific Gas & Electric power lines for Northern California fires, lawyers from coast to coast descend on wine country [Paul Payne, Santa Rosa Press-Democrat] Courts should police lawyers’ handling of class actions, including temptation to sweep additional members with doubtful claims into class so as to boost fees [Ilya Shapiro, Trevor Burrus, and Reilly Stephens on Cato certiorari amicus in case of Yang v. [read post]
4 Nov 2017, 6:58 am by Walter Olson
Somers gives the Supreme Court a chance to rein in a particularly inappropriate use of the Chevron doctrine, under which courts give deference to agencies’ interpretations of law [Ilya Shapiro, Harvard Law Review blog] The last few years have of course seen renewed attention — academic, judicial, and journalistic — to the question of whether courts have become altogether too deferential to executive agencies. [read post]
15 Aug 2017, 4:02 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro urges the Supreme Court to review a florist’s First Amendment challenge to a state antidiscrimination law, arguing that “[w]hile same-sex couples ought to be able to get marriage licenses—if the state is involved in marriage at all—a commitment to equality under the law can’t justify the restriction of private parties’ constitutionally protected rights like freedom of speech… [read post]
21 Oct 2019, 3:01 am by Walter Olson
Federal judge upholds Harvard’s admissions policy against charges of discrimination against Asian Americans, appeal likely [Anemona Hartocollis, New York Times; Roger Clegg/Martin Center; Neal McCluskey, Hechinger Report (“private institutions should be free to have affirmative action, but it should be prohibited at public institutions”); Ilya Shapiro, WSJ last year] In Florida, following an initiative from Gov. [read post]
11 Jul 2017, 4:20 am by Edith Roberts
Briefly: At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Frank Garrison urge the court to grant a cert petition challenging public-sector-union “agency fees,” which they maintain give non-union “workers a Hobson’s choice: Either sacrifice your First Amendment rights and fund political advocacy you may not like, or find other employment. [read post]
22 Feb 2019, 2:56 am by Walter Olson
The less you know: new push to “de-bias” faculty recruiting by removing CVs and interviews from the process [John Morgan, Times Higher Ed/Inside Higher Ed on developments in Britain] “You Can’t Make This Up: A Speech Code that Investigates Students for Discussing the Freedom of Speech” [University of South Carolina: Ilya Shapiro and Patrick Moran on Cato certiorari brief in Abbott v. [read post]
10 Nov 2016, 3:34 am by Walter Olson
When government uses regulation to retaliate against someone’s politics, relief shouldn’t depend on whether the harassment would have silenced an ordinary citizen [Ilya Shapiro, Trevor Burrus, and Thomas Berry, Cato] More thoughts on the constitutional amendment process [Mike Rappaport, Liberty and Law] To what extent did Antonin Scalia’s thinking on Article V constitutional conventions change over the years? [read post]