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18 Oct 2017, 4:30 am
Assume, nonetheless, that it’s the number of conflicts that matters. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
16 Jul 2024, 4:06 pm
Kenneth W. [read post]
15 Dec 2023, 12:17 pm
I can understand the impulse to not add Dobbs on top of that mountain, with only a few months to resolve the matter. [read post]
15 Jun 2024, 6:31 am
In W. [read post]
15 Jun 2024, 6:31 am
In W. [read post]
20 Nov 2022, 9:55 am
Thus, "[w]hen the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct. [read post]
28 Jun 2021, 12:35 pm
’s “[m]easures of verbal comprehension . [read post]
12 May 2021, 6:25 pm
“[W]e found that it’s possible to execute arbitrary code on a Cellebrite machine simply by including a specially formatted but otherwise innocuous file in any app on a device that is subsequently plugged into Cellebrite and scanned. [read post]
11 Apr 2013, 3:33 pm
The EEOC Determined in Mia Macy v. [read post]
4 Jan 2016, 12:57 pm
Rizzo, onthe brief).Stephen M. [read post]
11 Mar 2021, 11:35 am
That orientation is one that explicitly draws attention to the perspective of those who consider Hong Kong home--not matter what--from others resident in Hong Kong, particularly foreigners and residents who, when things don't go their way, may emigrate. [read post]
8 Sep 2020, 3:44 pm
Barbara M. [read post]
30 Nov 2012, 1:24 pm
Dean M. [read post]
2 Jan 2010, 10:45 am
It appealed to me on this, my fifth Blawg Review, to start with a welcome from the Baron Mandelson of Foy, Prince of Darkness, First Secretary of State, Secretary of State for Business Innovation and Skills, Lord President of The Council and Witch Finder-General for H M Government…. [read post]
27 Jun 2023, 9:01 pm
”[38] As then-Commissioner Paul Atkins once said, “[W]e must be vigilant that the shareholder proposal process does not result in the tyranny of the minority. [read post]
30 Sep 2022, 5:28 pm
"] I'm writing about this both because it strikes me as an interesting example of what litigants sometimes try to do (and occasionally succeed), and also because I thought our readers ought to see what the litigant accused me of—perhaps some of you may agree with her—and see my response. [read post]
1 Apr 2011, 8:03 am
MEMORANDUM OPINION RICARDO M. [read post]
3 Dec 2015, 12:25 pm
” The First Circuit said (and I’m paraphrasing here), great idea, but it’s unlawful. [read post]
22 Aug 2006, 9:23 pm
I choose this focus not because I'm convinced that the external approach is the obviously superior one. [read post]
