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22 Feb 2024, 12:47 pm
(This point was made in a 2021 law review article by former FTC Commissioner Rohit Chopra and current FTC Bureau of Consumer Protection Samuel Levine.) [read post]
22 Feb 2024, 9:06 am
The Mischief Rule, an article on statutory interpretation that I published several years ago, begins this way: A Tennessee statute imposed duties on railroad engineers. [read post]
22 Feb 2024, 7:50 am
That is Supreme Court Justice Samuel Alito’s special talent.I explain in a new column at The Hill. [read post]
21 Feb 2024, 9:01 pm
On December 29, 2023, referencing the ongoing conflict between Israel and Hamas in the Gaza Strip, South Africa instituted proceedings against the State of Israel in the International Court of Justice (“ICJ”).[1] In its Application to the ICJ, South Africa alleged that Israel, through its acts and omissions, breached and continues to breach the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”). [read post]
21 Feb 2024, 1:33 pm
While the court declined to hear the case, Justice Samuel Alito wrote in a statement respecting the denial of certiorari that the lower court’s reasoning was concerning. [read post]
21 Feb 2024, 11:26 am
For example, in a May 2022 stay order in the Texas case, Justice Samuel Alito wrote, that “social media platforms have transformed the way people communicate with each other and obtain news. [read post]
21 Feb 2024, 9:30 am
“Not the France I Imagined”: Housing, Health, and Education for Unaccompanied Migrant Children in Marseille (Human Rights Watch, Jan. 2024) [access]- Follow link for report in English and French.Spotlight on children & youth: Experiences and perceptions of displaced Ukrainians (World Vision, Jan. 2024) [text via ReliefWeb]Turning 18 with Confidence: A Practical Guide to the Council of Europe Recommendation on Supporting Young Refugees in Transition to Adulthood (Council of Europe,… [read post]
21 Feb 2024, 9:00 am
Hayes defeated Samuel Tilden by one electoral vote (but lost the popular vote) in the 1876 election, aggrieved Democrats agreed not to contest the outcome if Hayes would withdraw all remaining federal forces from former Confederate states, ending Reconstruction. [read post]
21 Feb 2024, 8:00 am
Samuel D. [read post]
21 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Jill LeporeIn May 1923, weeks after the U.S. [read post]
21 Feb 2024, 2:00 am
Samuels (Cleary Gottlieb), Tax Reform Project: Seeking Experts’ Ideas for a Better Tax Code, 182 Tax Notes Fed. 1027 (Feb. 5, 2024): In this article, the authors announce the Tax Reform Project and invite tax experts to... [read post]
20 Feb 2024, 9:05 pm
In a recent working paper, Samuel Hampsher-Monk, Managing Director of BOTEC Analysis, argues that this smoking–vaping paradox is solvable. [read post]
20 Feb 2024, 7:08 pm
Maureen Groppe of USA Today reports that “Alito says he was right to fear that opponents of gay marriage would be treated as bigots; Supreme Court Justice Samuel Alito said he’d anticipated that Americans would be called bigots unless they hid their religious views on homosexuality. [read post]
20 Feb 2024, 5:00 pm
Justice Samuel Alito dissented from the majority decision, along with Justice Clarence Thomas. [read post]
20 Feb 2024, 12:53 pm
Justice Samuel Alito wrote a forceful dissent to denial of certiorari, warning that the lower court ruling sets a dangerous precedent (I raised similar concerns myself, as did Judge Allison Jones Rushing in her dissent to the Fourth Circuit ruling): A group representing applicants for admission to a highly competitive public magnet school brought suit, claiming that changes in the school's admissions requirements violated the Equal Protection Clause. [read post]
20 Feb 2024, 7:48 am
Justice Samuel Alito dissented from the court’s decision not to take up the case, in an opinion joined by Justice Clarence Thomas. [read post]
20 Feb 2024, 5:42 am
I've revised my short essay called Equity's Role in Defining Property Rights, and this passage might be relevant for readers interested in remedies, standing, and equity: Critically, this protection of property rights is tailored, and it does not have to be just a reiteration of the property right in the form of an injunction. [read post]
20 Feb 2024, 5:00 am
By Samuel Hatfield Psilocybin and MDMA were recently rescheduled in Australia for clinical use, leading many mental health professionals to question how psychedelic therapy will work in practice. [read post]
19 Feb 2024, 8:57 am
The Supreme Court seems poised to reverse Colorado’s decision to exclude Donald Trump from its Republican presidential primary ballot on grounds other than that Trump did not take the right kind of oath to support the Constitution. [read post]
17 Feb 2024, 4:45 pm
I was revising a paper on the relationship between equity and property, and I had occasion to look up this classic line from Justice Scalia: I am not so naive (nor do I think our forebears were) as to be unaware that judges in a real sense "make" law. [read post]