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[Josh Blackman] Justice Thomas Highlights that in the Civil Rights Cases, Places of "Public Amusement" Were Not Traditional Common Carriers

6 Apr 2021, 12:34 am by Josh Blackman

[Justice Thomas highlighted an under-appreciated aspect of Justice John Marshall Harlan's dissent] Justice Thomas concurred in the Court's denial of cert in Biden (formerly Trump) v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Opinion | What Has the Pro-Life Movement Won? - The New York Times

5 Apr 2021, 7:34 pm by Tom Smith

Thanks to the Trump White House and Mitch McConnell’s Senate, there is now a 6-to-3 conservative majority on the Supreme Court, vetted by conservative legal activists and committed to principles of constitutional interpretation that seem to require sweeping Roe v. [read post]

The Right Coast - http://rightcoast.typepad.com/rightcoast/

[Eugene Volokh] "The People Have Every Right to Look Over Our Shoulder and Review the Documents Before the Court"

5 Apr 2021, 2:56 pm by Eugene Volokh

"] From a decision on Mar. 25 by Judge William Alsup in Total Recall Technologies v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Who should attend a Global Democracy Summit?

5 Apr 2021, 6:30 am by Guest Blogger

The philosopher John Locke had characterised the power to determine a state’s international relations as the ‘federative’ function of the state, distinct from its three domestic functions (of execution, legislation, and adjudication). [read post]

Balkinization - http://balkin.blogspot.com/

McCoy loses appeal at CAFC, BUT there is an interesting contrast between a "person of ordinary skill" and an expert

1 Apr 2021, 10:08 am by Lawrence B. Ebert

John Deere Co., 383 U.S. 1, 17-18 (1966); see Custom Accessories, Inc. v. [read post]

IPBiz - http://ipbiz.blogspot.com/

[David Kopel] Ninth Circuit holds there is no right to bear arms

31 Mar 2021, 9:27 pm by David Kopel

State of Hawaii complements the Circuit's en banc from five years earlier, Peruta v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Public policy in New York State favors arbitral resolution of public sector labor disputes

31 Mar 2021, 4:00 am by Public Employment Law Press

Losquadro, P.C., Rocky Point, NY(John Ciampoli of counsel), for respondent. [read post]