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20 Mar 2019, 12:37 pm
Thomas has filed a dissent. [read post]
20 Mar 2019, 10:19 am
Roberts has been viewed as a stalwart right-winger since he joined the court in 2005. [read post]
20 Mar 2019, 9:07 am
" Even so, a Congress controlled by his own party and mostly sympathetic to his views thought the end did not justify the means.Fast forward eight decades. [read post]
20 Mar 2019, 8:55 am
In March 2018, Justice Neil Gorsuch joined Justice Clarence Thomas in a dissent from the denial of review in another case asking the justices to overrule Auer; Thomas described the doctrine as “constitutionally suspect” and “on its last gasp. [read post]
19 Mar 2019, 9:01 pm
Yet, as a recent New York Times article noted, Justice Thomas gives virtually no weight to precedent in constitutional cases.Meanwhile, originalism itself is more of a family of views than a single determinate approach. [read post]
18 Mar 2019, 5:30 pm
”14 The court emphasized, though, that an “agency should be prepared to explain how its experience, technical competence, and specialized knowledge give its view of the law a significance or perspective unique amongst the parties, and why that background should make the agency’s view of the law more persuasive than others. [read post]
18 Mar 2019, 2:29 pm
The justices asked the federal government for its views on Patterson v. [read post]
18 Mar 2019, 2:02 pm
(Art Lien) Sotomayor took a very different view. [read post]
18 Mar 2019, 10:26 am
Justice Clarence Thomas wrote the majority opinion, which Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer joined. [read post]
18 Mar 2019, 7:56 am
John Adams took the same view in America, writing that "it is the unanimity of the jury that preserves the rights of mankind. [read post]
15 Mar 2019, 5:00 am
Bush, and law clerk to Supreme Court Justice Clarence Thomas. [read post]
13 Mar 2019, 11:01 am
On March 11, Justice Clarence Thomas delivered the keynote speech at a Mercer University School of Law courtroom dedication in Macon, Georgia. [read post]
13 Mar 2019, 7:27 am
We also hosted a discussion panel, moderated by Thomas M. [read post]
12 Mar 2019, 7:19 am
The article takes on the view that Jefferson's utilitarian view of patents should somehow reign, when there were plenty of others who had different, natural law views of patenting.And so I read with great interest Jeremy Sheff's latest article, Jefferson's Taper. [read post]
11 Mar 2019, 11:29 am
The demographic and statistical literature supporting this view is overwhelming. [read post]
11 Mar 2019, 9:51 am
The whole Stat Pack can be viewed here. [read post]
8 Mar 2019, 10:46 am
This history also attains greater relevance in light of Justice Thomas’s recent troubling call for the U.S. [read post]
8 Mar 2019, 8:32 am
” (Writing for himself and Justices Samuel Alito and Neil Gorsuch in dissent, Justice Clarence Thomas noted that the juror gave a second affidavit in which he said he had been drunk at the time he signed the first affidavit, and had voted as he had because of the evidence and not his views of African-Americans; and that the other 11 jurors, two of whom were black, gave evidence that race had played no role in the jury’s deliberations.) [read post]
7 Mar 2019, 9:01 pm
By setting itself apart from the university and the professional administrators to whom Grutter and Fisher gave some degree of deference, HLR runs a real risk that a court will view HLR’s practices as distinct from those the Supreme Court upheld in the two cases. [read post]
7 Mar 2019, 8:12 pm
It is my great pleasure to pass along the announcement of the publication of Joel Slawotsky's excellent article: "The National Security Exception in US-China FDI and Trade: Lessons from Delaware Corporate Law" which appears in the The Chinese Journal of Comparative Law 6(2):228–264.In this new era defined by the re-creation of global regional economic blocks--one centered in China, and the other in the United States, the issue of national interest in the areas where the two… [read post]