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24 Sep 2021, 12:08 pm by Eugene Volokh
" … [T]he explicit references to state law in subsection (e) are coextensive with federal laws. [read post]
24 Sep 2021, 11:22 am by Eugene Volokh
Lorance, by Judge David Ebel, joined by Judges Robert Bacharach and Gregory Phillips. [read post]
23 Sep 2021, 8:16 pm by Amy Howe
Over dissents by four justices – Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – the court issued a late-night order on Sept. 1 that rejected the providers’ initial request to block enforcement of the law. [read post]
23 Sep 2021, 5:06 pm by Ilya Somin
Both the majority opinion by Chief Justice John Roberts and the principal dissent by Amy Coney Barrett have very serious weaknesses. [read post]
23 Sep 2021, 2:55 am by Kevin Kaufman
Whether a provision is viewed as a deviation from a normal tax structure depends on what tax definition is viewed as normal.[3] Using the definition of income developed by economists Robert Haig and Henry Simons, income is defined as one’s consumption plus change in net worth.[4] But that definition is not necessarily the best way to structure a tax base because a change in one’s net worth usually becomes consumption later.[5] As a result, building the tax base on a Haig-Simons… [read post]
22 Sep 2021, 8:38 am by Hannah Collinson
If you’re considering online dating, you won’t want to miss this episode. [read post]
22 Sep 2021, 4:12 am by SHG
In a Manhattan courtroom on Tuesday, Judge Robert Mandelbaum asked Mr. [read post]
21 Sep 2021, 6:19 pm by Josh Blackman
Roberts Jr. in refraining from outright abandonment of constitutional protection for abortion rights. [read post]
21 Sep 2021, 12:56 pm by Dale Carpenter
Obergefell, 576 U.S. at 679 ("[T]hese cases involve only the rights of two consenting adults whose marriages would pose no risk of harm to themselves or third parties. [read post]
21 Sep 2021, 3:15 am by John Jenkins
So, maybe it isn’t surprising that in its first Regulation Crowdfunding enforcement proceeding, the SEC’s Division of Enforcement targeted not only alleged fraudsters, but a crowdfunding portal that the SEC claims ignored “red flags” and otherwise failed to comply with its obligations to protect investors. [read post]
20 Sep 2021, 9:45 pm by Josh Blackman
The government is putting the Roberts Court to a choice: uphold the Mississippi law or uphold Roe and Casey; it can't do both. [read post]
20 Sep 2021, 10:11 am by Howard Bashman
Calhoun Didn’t Invent the Filibuster; As convenient as it might be to blame the filibuster on the famous defender of slavery, the historical record is much messier”: Professor Robert Elder has this essay online at The Bulwark. [read post]