Search for: "Scalia v. United States" Results 21 - 40 of 4,610
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[Josh Blackman] With the Lemon Test Dead, Can The Establishment Clause Be Unincorporated?
5 Apr 2024, 3:41 pm by Josh Blackman
(See Justice Scalia's dissents in Lee v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Maril on Originalism and Democracy
3 Apr 2024, 4:05 pm by Lawrence Solum
The erosion of these essential democratic institutions comes at a time when the United States is classified as a “flawed democracy,” and the world-wide democracy index has fallen precipitously. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Was Constitutional Law Teaching Ever Not in Crisis? (Guest post by Patrick J. Sobkowski)
3 Apr 2024, 4:00 am by Michael C. Dorf
In Brown v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
[Josh Blackman] Tablet Magazine on Tillman: "A thinker whose mind hasn't been corrupted by politics."
22 Mar 2024, 9:33 am by Josh Blackman
Some scholars assume that the President holds an "Office under the United States. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] New Amicus Brief: Special Counsel Jack Smith Is Not An "Officer of the United States"
22 Mar 2024, 8:38 am by Josh Blackman
United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Missing Justice Scalia
18 Mar 2024, 5:08 am by David Oscar Markus
United States resolves an ambiguity in the provisions added to federal sentencing law in the First Step Act of 2018, coming down firmly on the side of the government. [read post]
Southern District of Florida Blog - http://sdfla.blogspot.com/
Creating an Appearance of Impropriety by Purporting to Dispel One
18 Mar 2024, 4:00 am by Michael C. Dorf
United States ex rel. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Justice Sotomayor References Rarely Used Procedure: Circuit Certification to U.S. Supreme Court
11 Mar 2024, 6:55 am by Trane Robinson
”  United States v. [read post]
Sixth Circuit Appellate Blog - http://www.sixthcircuitappellateblog.com/
That Little Omission in the Constitution
9 Mar 2024, 6:30 am by Guest Blogger
Marion County or Shelby County v. [read post]
Balkinization - http://balkin.blogspot.com/
[Samuel Bray] More Facts, Please
7 Mar 2024, 6:08 am by Samuel Bray
" And as Justice Brennan described our system in his opinion for a unanimous Court in United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The Myth of the Irresolvable Conflict
6 Mar 2024, 6:20 am by David Super
… The patchwork that would likely result from state enforcement would sever the direct link that the Framers found so critical between the National Government and the people of the United States as a whole. [read post]
Balkinization - http://balkin.blogspot.com/
What's dividing the Justices (and other initial reactions to the Court's decision in Trump v. Anderson)
5 Mar 2024, 8:13 am by Marty Lederman
  Thankfully, no Justice wrote to give any credence at all to the absurd arguments that the President isn’t an “officer of the United States” or that the presidency isn’t an office “under the United States. [read post]
Balkinization - http://balkin.blogspot.com/
National Small Business Association v. Janet Yellen, Case 5:22-cv-01448-LCB (NDAla, slip op. 1 March 2024): Corporate Transparency Act Unconstitutional Pending Appeal
4 Mar 2024, 5:56 pm
See Jennifer Senior, InConversation: Antonin Scalia, New York Magazine, Oct. 4, 2013. [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
Does “Textualism” Really Prevent “Judicial Activism”?  A Response to Prof. John McGinnis, by  David Doniger
28 Feb 2024, 2:06 pm by Guest Author
The other justices united around that view. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
From Justice Stevens’ Papers—Justice Stevens Crafted the Chevron Two-Step Test in an Afternoon, by Isaiah McKinney
28 Feb 2024, 6:36 am by Guest Author
In that same footnote, Justice Stevens also quoted United States v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[David Kopel] Preview of Supreme Court bump stock case
27 Feb 2024, 4:48 pm by David Kopel
See United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Recent UW Law Faculty Scholarship: Making Sense of 303 Creative: A Free Speech Solution in Search of a Problem; The Lost Promise of Private Ordering; Time & Punishment; Pooling and Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable; The Constitutional Case Against Exclusionary Zoning
27 Feb 2024, 2:42 pm by Emma Babler
A broad cross-ideological array of economists and land-use scholars have concluded that it is responsible for massive housing shortages in many parts of the United States, thereby cutting off millions of people – particularly the poor and minorities – from economic and social opportunities. [read post]
WisBlawg - http://wisblawg.law.wisc.edu/
What Should Courts do if a Future President Invokes the Alien Enemies Act to Deport Immigrants?
27 Feb 2024, 6:05 am by Katherine Yon Ebright
No state, let alone the United States, engages in diplomatic relations with the cartels, nor do the cartels purport to maintain diplomatic relations. [read post]
Just Security - https://www.justsecurity.org/
Braver & Somin on the Constitutionality of Exclusionary Zoning
26 Feb 2024, 4:30 am by Lawrence Solum
Exclusionary zoning is permitted under Euclid v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)
23 Feb 2024, 1:43 pm by Rebecca Tushnet
They’d look for some little snippet of text in the Lanham Act; Scalia was a textualist but he could read a law in its entirety. [read post]
43(B)log - http://tushnet.blogspot.com/