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24 Jan 2023, 9:52 am by Eric Goldman
Another #MAGA opinion from a Trump-appointed Federalist Society judge, and a full-throated work of Justice Thomas fandom. [read post]
23 Jan 2023, 1:44 pm by Amy Howe
But “[a]s things stand,” he concluded, “one can only hope that other lower courts will not repeat its mistakes. [read post]
19 Jan 2023, 1:25 pm by Amy Howe
Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett, along with Kavanaugh, joined the Alito opinion. [read post]
19 Jan 2023, 5:00 am by Chimène Keitner
Halkbank is hoping that the Supreme Court will hold that the prosecution cannot go forward because foreign state-owned corporations are immune from criminal proceedings, regardless of the nature of the alleged conduct. [read post]
19 Jan 2023, 4:32 am by jonathanturley
The challengers may have hoped that prior interactions with the Court might have prompted more aggressive action from the justices. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumMark Tushnet  For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
The Current State of the Discipline Unsurprisingly in light of the connections between constitutional theory and constitutional practice, the kinds of questions that theorists think worth addressing at any particular time tend to depend on how they would expect their hoped-for audiences, including the Justices of the Supreme Court, to respond to their proposals. [read post]
11 Jan 2023, 7:24 am by Joel A. Webber
Stanford economist Thomas Sowell, in a context different from business contracting, famously wrote: “There are no solutions, there are only tradeoffs; and you try to get the best tradeoff you can get, that’s all you can hope for. [read post]
6 Jan 2023, 2:16 pm by Brian Albrecht
One may hope the FTC, as an expert-led agency, could easily adjust to incoming evidence. [read post]
4 Jan 2023, 6:30 am by Guest Blogger
., the Senate, the federal courts) that, in Hamilton’s view, were not sufficient to bring about the national republic that he hoped to build. [read post]
31 Dec 2022, 3:12 pm by James Romoser
Curtis, who grew up in Georgia with cognitive and developmental disabilities, always hoped to leave these facilities and move back into her community. [read post]
23 Dec 2022, 9:06 pm by Dan Flynn
The out-front utility to encourage hand-washing is an idea we can only hope others will follow. [read post]
23 Dec 2022, 4:00 am by Elaine Hou
Parting Thoughts This has been a prolific year for N&C, and we’re hoping to continue and expand our mission of providing high-quality analysis of the latest developments in administrative law. [read post]