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29 Jul 2014, 7:03 am
Here are the leading legal headlines from Wise Law on Twitter for Tuesday, July 29, 2014:Kansas City lawyer’s blog posts could be an issue in judicial confirmation bidOntario Superior Court Master Richard Peterson mourned Online offer of beer to egg Rob Ford results in criminal chargeToward a Modernised and More Accessible Justice: Technological Courtroom Management Tweeting from courtroom impresses Nova Scotia top judgeNews of DNA exoneration stuns ex-inmate who didn’t request test… [read post]
27 Jul 2014, 9:01 pm
For example, Justice Antonin Scalia—textualism’s most prominent champion—distinguishes textualism from “strict construction. [read post]
22 Jul 2014, 3:00 pm
Circuit: Chief Justice John Roberts (2003); Associate Justice Antonin Scalia (1982), Associate Justice Clarence Thomas (1990), and Ruth Bader Ginsburg (1980). [read post]
21 Jul 2014, 9:04 am
Noel Canning, holding unconstitutional President Obama’s recess appointments to the NLRB, and argues that Justice Antonin Scalia’s concurring opinion “illustrates the shortcomings of originalism as a means of ensuring judicial restraint. [read post]
21 Jul 2014, 6:04 am
Justice Antonin Scalia, in a separate opinion, said the majority gave too broad an interpretation of the president’s power to fill positions without the Senate’s consent. [read post]
20 Jul 2014, 12:00 am
Even so, reading her opinions and dissents shows why street sense ought to be a prerequisite for serving as a judge.Clarence Thomas looks like an anachronistic crank, taking Antonin Scalia's eccentric theory of originalism to its extreme and writing opinions as though from within a time machine: try as he might, Thomas never will be able to render the 21st century in 18th century terms. [read post]
20 Jul 2014, 12:00 am
Even so, reading her opinions and dissents shows why street sense ought to be a prerequisite for serving as a judge.Clarence Thomas looks like an anachronistic crank, taking Antonin Scalia's eccentric theory of originalism to its extreme and writing opinions as though from within a time machine: try as he might, Thomas never will be able to render the 21st century in 18th century terms. [read post]
19 Jul 2014, 12:00 am
This growing awareness of the criminal justice system's fallibility is hard to square with Justice Antonin Scalia's shocking observation in a 2009 case: "The Court has never held that the Constitution forbids the execution of a convicted defendant who has a full and fair trial but is later able to convince [another] court that he is 'actually' innocent. [read post]
19 Jul 2014, 12:00 am
This growing awareness of the criminal justice system's fallibility is hard to square with Justice Antonin Scalia's shocking observation in a 2009 case: "The Court has never held that the Constitution forbids the execution of a convicted defendant who has a full and fair trial but is later able to convince [another] court that he is 'actually' innocent. [read post]
18 Jul 2014, 4:55 pm
Theme: Reading Law: The Interpretation of Legal Texts (2012), by Antonin Scalia and Bryan Garner, was the subject of a notable review by Richard Posner: The Incoherence of Antonin Scalia, New Republic, Aug. 24, 2012. [read post]
14 Jul 2014, 2:00 pm
Roberts Jr. and Justices Antonin Scalia and Stephen G. [read post]
3 Jul 2014, 3:22 pm
The order itself was unsigned, and the only notation about the position of the six apparently in the majority was that Justice Antonin Scalia said he only joined the result, not the reasoning behind it. [read post]
3 Jul 2014, 4:33 am
Scalia concurrence).Bennett v. [read post]
30 Jun 2014, 2:27 pm
Kennedy, Antonin Scalia, and Clarence Thomas. [read post]
30 Jun 2014, 2:08 pm
When the Court takes the bench at ten o’clock, Justice Antonin Scalia is absent. [read post]
30 Jun 2014, 3:11 am
At the Brookings Institution, Stuart Brotman looks at the winners and losers from last week’s decision, while at Hamilton and Griffin on Rights Courtney Soliday praises the dissent by Justice Antonin Scalia, arguing that Scalia “addressed the appropriate remedy, which is to apply the law as it stands and leave to Congress the task of deciding whether the Copyright Act needs an upgrade. [read post]
27 Jun 2014, 7:14 am
This compromise, which voided Obama’s appointments but left the recess appointment power largely untouched, led Justice Antonin Scalia to write a concurring opinion that read like one of his blustery dissents. [read post]
26 Jun 2014, 1:42 pm
Justice Antonin Scalia, writing the dissent, rejected the majority’s conclusion about Aereo’s resemblance to cable TV services, finding that sufficient technological distinctions existed for purposes of the public performance right and that the majority’s ruling was an “ad hoc rule for cable system lookalikes. [read post]
26 Jun 2014, 1:42 pm
Justice Antonin Scalia, writing the dissent, rejected the majority’s conclusion about Aereo’s resemblance to cable TV services, finding that sufficient technological distinctions existed for purposes of the public performance right and that the majority’s ruling was an “ad hoc rule for cable system lookalikes. [read post]
26 Jun 2014, 1:42 pm
Justice Antonin Scalia, writing the dissent, rejected the majority’s conclusion about Aereo’s resemblance to cable TV services, finding that sufficient technological distinctions existed for purposes of the public performance right and that the majority’s ruling was an “ad hoc rule for cable system lookalikes. [read post]
