Search for: "In the Interest of D. M. (Dissenting Opinion)"
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7 Sep 2022, 5:23 am
[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. [read post]
3 Apr 2014, 2:58 pm
Inevitably, I’m going to feel torn here. [read post]
20 May 2019, 9:11 am
And if the state and federal data is combined, a larger number of jurists supported arbitration in Texas because the Fifth Circuit opinion was a panel opinion while on the Texas Supreme Court a total of eight justices participated and decided the case without a dissent or concurrence. [read post]
17 Nov 2017, 6:59 am
I’m pretty conflict-avoidant by nature. [read post]
3 Jun 2014, 5:46 am
Today, as part of my stint guest-blogging about Uncertain Justice: The Roberts Court and the Constitution, I’m going to talk about free speech. [read post]
12 Jan 2016, 8:23 am
I guess the carrier’s representatives felt that in a smaller case, they’d be dealing with less experienced counsel, and might be able to create good law for themselves. [read post]
30 Jul 2020, 3:11 pm
Under this first scenario, I'm not sure which Trump appointee was the sixth vote. [read post]
26 Jun 2012, 6:46 pm
One of the more interesting posts, though, was by Jeffrey Toobin, “That’s Just Nino: Scalia’s Arizona Dissent. [read post]
25 Sep 2021, 2:36 pm
Arencibia (D. [read post]
14 Nov 2013, 7:24 pm
What will be interesting will be to see how broadly, or narrowly, the Chief Justice (who as the dissenter in Randolph is likely to keep the majority opinion here) will write. [read post]
2 Apr 2009, 1:02 pm
[Here's the court of appeals case info, if you're interested.] [read post]
28 Jun 2012, 9:16 am
This opinion does not imply that any of these targeted prohibitions are somehow vulnerable. [read post]
18 Jun 2020, 2:45 am
And it’s notable maybe that even the dissent, at least Kavana [read post]
18 Apr 2010, 5:46 pm
Plaintiff (d/b/a Dr. [read post]
20 Jan 2018, 1:51 am
The Sixth Circuit's Opinion Judge Bush's opinion treats those two arguments separately. [read post]
15 Oct 2015, 11:52 am
Among other things, the opinion explicitly rejected the idea that the plaintiff’s interest in pursuing a collective action is sufficient to sustain the adversity of the controversy required by Article III of the Constitution. [read post]
[Eugene Volokh] Government Drone Overflights May Violate Fourth Amendment, Trigger Exclusionary Rule
27 Mar 2021, 12:59 pm
[An interesting Michigan appellate decision.] [read post]
7 Jul 2022, 5:01 am
§ 1182(d)(5), which allows release on a “case-by-case” basis for “compelling” reasons in the public interest. [read post]
3 Feb 2024, 2:59 pm
S&M cases are fascinating in thinking about consent and criminality. [read post]
28 Apr 2023, 11:30 am
Apple mostly wins, but Epic prevails on state unfair competition, but then Apple wins some attorneys' fees … look, it's a really long opinion and we already had to read that Facebook antitrust decision, so you can read the Ninth Circuit's opinion (and partial dissent) yourself. [read post]