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29 Sep 2020, 9:53 am by Tom Smith
Barrett herself agrees, writing in a law review article this year that a textualist — which is how she identifies herself — “hews closely to the rules embedded in the enacted text, rather than adjusting that text to make it more consistent with its apparent purposes. [read post]
24 Jul 2007, 10:47 pm
It will be interesting to see whether the parties hew closely to their publicly-articulated arguments. [read post]
21 Nov 2011, 3:48 pm by Steve Vladeck
About six weeks ago, I blogged about the Army Court of Criminal Appeals' July decision in United States v. [read post]
13 Jun 2017, 11:24 am by Jason Kilborn
It was not at all surprising that, for his first (traditionally unanimous) opinion, in Henson v. [read post]
24 Oct 2011, 9:02 pm
Rather, he argues, the Court should hew to a bright line test that makes monitoring “inside” protected spaces a “search” requiring a warrant, while “outside” monitoring—as, for example, of a car traveling on public roads—is always permitted, regardless of the technological means by which that monitoring is carried out, or how extensive that monitoring is in scope or duration. [read post]
13 Apr 2007, 12:32 pm
As we mentioned yesterday, the Thursday morning hearing in Aaron Charney v. [read post]
In this column, we will explain some of its worst offenses—misunderstanding of and interference with the FDA’s process for evaluating the safety and efficacy of drugs; reliance on junk science to cobble together an unconvincing theory of standing for the plaintiffs and arbitrariness of the FDA’s approval; and the manipulation of science, law, and language to hew closely to the anti-abortion playbook.The Basics of the RulingThe plaintiffs who brought this case are described… [read post]
26 Jun 2023, 7:55 am by Unknown
The Binance defendants requested that the court issue an order directing counsel for the SEC to comply with all applicable rules of conduct concerning extrajudicial statements (SEC v. [read post]
13 Nov 2015, 3:57 pm by John Jascob
The SEC and the human rights group had both hoped the appeals court would take yet another look at the commercial speech issue presented by the case in light of the court’s en banc ruling in a related case over a year ago ( National Association of Manufacturers v. [read post]
20 Dec 2018, 1:00 pm by Zach ZhenHe Tan
Kaplan thus hews to the Jesner majority’s specific holding rather than a broader view of Jesner that would preclude any form of corporate liability, whether foreign or domestic. [read post]
14 Dec 2010, 6:34 am by Jonathan H. Adler
”   He explains: Though Judge Hudson doesn’t mention it, his opinion hews closely to Scalia’s concurring opinion in Gonzales v. [read post]