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9 Feb 2018, 2:25 pm
The Cato lawyers on the brief are Ilya Shapiro, Trevor Burrus (my former student at Denver University law school, and my intern in 2010), Clark Neily (part of the winning team in Heller), and Matthew Larosiere. [read post]
8 Feb 2018, 4:35 am
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro urges the justices to review a case that challenges the “use of cy pres” – the “diversion of settlement money from the victims to causes chosen by the lawyers in class action settlements” —as a violation of “the due process and free speech rights of class members. [read post]
8 Feb 2018, 3:07 am
On to SCOTUS [Ilya Shapiro, Aaron Nielson, Jonathan Adler] Big thinking under way at the SEC could replace securities class action sector with free contract: “The SEC should authorize mandatory arbitration of shareholder class action lawsuits” [Bainbridge, Benjamin Bain/Bloomberg News (noting that broker dealers have long been free to use arbitration clauses)] Milberg Weiss founder Melvyn Weiss dies at 82 [ABA Journal, our coverage over the years of Weiss and his… [read post]
6 Feb 2018, 9:05 pm
Ilya Shapiro, Washington Examiner: It turns out that the FDA has for many years been delegating its rulemaking authority to its “associate commissioner for policy,” a career civil-service position two rungs below FDA Commissioner in the bureaucratic depth chart. [read post]
6 Feb 2018, 4:17 am
At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Aaron Barnes urge the court to review a Fourth Amendment challenge to several “’pen/trap’ orders authorizing law enforcement to collect IP … addresses for any internet traffic going to or from [a suspect’s] wireless router and other electronic devices,” “under a statutory ‘relevance’ standard that falls well short of the Fourth Amendment’s requirement… [read post]
1 Feb 2018, 4:41 am
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Meggan deWitt urge the justices to review a cert petition that raises a First Amendment challenge to a Berkeley, California, ordinance “mandat[ing] that any party buying or leasing cellphones communicate a specific message to every customer about radio-frequency exposure”; they argue that “courts should apply strict scrutiny – meaning the government needs a really good reason and… [read post]
30 Jan 2018, 9:11 pm
#CatoSOTU https://t.co/I4nWYGdc2L — Ilya Shapiro (@ishapiro) January 31, 2018 Was Trump hinting that he wants to loosen the civil service tenure rules that entrench underperforming federal employees? [read post]
29 Jan 2018, 3:05 am
[Ilya Shapiro and Reilly Stephens on Cato brief in Minnesota Voters Alliance v. [read post]
25 Jan 2018, 3:02 am
Somers, on SEC definition of Dodd-Frank whistleblower, could give Justice Gorsuch an opening to strike blow against excessive judicial deference to agencies [Ilya Shapiro] Tags: administrative law, constitutional law Administrative law roundup is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
23 Jan 2018, 1:55 pm
Ilya debate. [read post]
22 Jan 2018, 4:20 am
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and others highlight the amicus brief the Institute has filed in United States v. [read post]
22 Jan 2018, 3:02 am
Virginia] Case gives SCOTUS chance to reconsider “dual sovereignty” exception to Double Jeopardy Clause [Ilya Shapiro on Cato certiorari brief in Gamble v. [read post]
18 Jan 2018, 3:33 pm
Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. [read post]
17 Jan 2018, 9:05 pm
Arizona Attorney General Mark Brnovich and Ilya Shapiro on the case for breaking up the overburdened, overbusy Ninth Circuit, which can be made independently of the usual ideological concerns [Cato/WSJ] Because of the Ninth’s unique practice of forming en banc panels by randomly selecting 11 of its 29 judges rather than summoning the full number, I’ve referred to it in the past as “the court that’s not all there. [read post]
12 Jan 2018, 10:17 am
"Eighth Circuit Makes Tangled Mess of Hair Braiding Case": Ilya Shapiro and Aaron Barnes have this post at the "Cato at Liberty" blog. [read post]
12 Jan 2018, 10:16 am
Today's Wall Street Journal has an opinion piece by the Arizona Attorney General and the Cato Institute's Ilya Shapiro: Split Up the Ninth Circuit—but Not Because It’s Liberal:The court has too many judges, leading to backlogs and inconsistency in applying the law. [read post]
12 Jan 2018, 10:04 am
"Split Up the Ninth Circuit -- but Not Because It's Liberal; The court has too many judges, leading to backlogs and inconsistency in applying the law": Arizona Attorney General Mark Brnovich and Ilya Shapiro have this op-ed in today's edition of The Wall Street Journal. [read post]
12 Jan 2018, 4:07 am
At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Reilly Stephens weigh in on Minnesota Voters Alliance v. [read post]
11 Jan 2018, 3:01 am
SEC, challenge to constitutionality of SEC use of administrative law judges [Thaya Brook Knight, Cato; Knight and Ilya Shapiro in August; Kevin Daley, Daily Caller] Cyan v. [read post]
3 Jan 2018, 3:00 pm
" Ilya Shapiro has this post at The Federalist. [read post]
