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28 Jun 2020, 9:00 pm by Rodger Citron
” Chief Justice Roberts then moved on to Justice Kagan.Cards Close to the Vest: Questioning by Justices Gorsuch and KavanaughMuch has been made of the fact that President Trump’s appointees, Justice Gorsuch and Justice Kavanaugh, did not agree in Bostock v. [read post]
12 May 2020, 4:05 am by Edith Roberts
At Justia’s Verdict blog, Rodger Citron suggests that the critical question is “which Chief Justice John Roberts will show up. [read post]
23 Dec 2019, 3:51 am by Edith Roberts
” Another look at Roberts’ dual roles in the new year comes from Darren Samuelson at Politico (via How Appealing). [read post]
3 Sep 2019, 11:00 pm by Chuck Cosson
“Tool Without A Handle:  A Duty of Candor” The law and legal professional ethics require of counsel a duty of candor in the practice of law.[1]  This includes a duty to not knowingly make false statements of fact, to not conceal controlling legal authority, and to not offer evidence the lawyer knows to be false.[2] These principles are considered essential to maintaining both substantive fairness for participants in the process, and trust in the integrity of the process for… [read post]
30 Jun 2019, 6:30 am by Sandy Levinson
  My own mentor, Robert McCloskey, many years ago argued that all major Supreme Court decisions were ultimately evaluated against the quite separate categories first of what Lessig calls legal “fidelity,” i.e., the persuasiveness of the strictly legal arguments that are offered; second, the institutional and political contexts within which the Court is acting and its own recognition that it is ill-advised to be either too innovative or, indeed, static in its legal… [read post]
18 Jun 2019, 9:01 pm by Rodger Citron
The latter two are as creative as they are provocative.The Continuing Relevance of Billy BuddBilly Budd is relevant today because we—lawyers, judges, society—continue to wrestle with the difficult question whether to follow the literal text of the law when doing so may sacrifice justice in a specific case.During the confirmation hearings for then-Judge Neil Gorsuch for appointment to the Supreme Court, for example, much was made of his dissent in TransAm Trucking, Inc. v. [read post]