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23 Feb 2024, 12:34 pm
By a 7-1 vote (the newly installed Justice Amy Coney Barrett didn’t participate, and Thomas dissented), the court concluded that the 5th Circuit had committed a threshold error: Because Claiborne’s limitations would be “implicated only if Louisiana law permits recovery … in the first place,” and because the tort theory was so “novel,” “uncertain,” and “fraught with [First Amendment] implications,” the court of appeals should… [read post]
23 Feb 2024, 8:22 am
“A Response to Professor John Mikhail on ‘Officers of the United States’ — Part II; The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship; Mikhail’s arguments and evidence were not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
23 Feb 2024, 3:00 am
Informant Charged with Lies About Bidens Also Claimed Russian Contacts, Feds Say MSN – Devlin Barrett (Washington Post) | Published: 2/21/2024 A former FBI informant charged with making up a bribery scheme involving President Biden had contacts with Russian intelligence-affiliated officials, prosecutors said. [read post]
22 Feb 2024, 2:04 pm
”] [This post is co-authored with Professor Seth Barrett Tillman.] [read post]
22 Feb 2024, 10:13 am
Barrett clarified that a reasonable expectancy requires more than the mere hope of a business relationship – a plaintiff must identify a reasonable business expectancy with a specific third party. [read post]
22 Feb 2024, 4:00 am
Carswell’s main mental health text is the Mental Disorder in Canadian Criminal Law looseleaf service authored by Justice Joan Barrett and Justice Riun Shandler. [read post]
21 Feb 2024, 7:00 am
The petition was then repeatedly rescheduled until Justice Barrett had been appointed and had served for a few months. [read post]
20 Feb 2024, 6:56 pm
“A Response to John Mikhail on ‘Officers of the United States’ — Part I; The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship; This evidence was not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
20 Feb 2024, 5:44 pm
” Moments later, Justice Amy Coney Barrett asked quite a similar question, about a federal statute that according to Jennifer Bennett (representing the workers) was read to “encompass seamen who were outside of the shipping industry. [read post]
20 Feb 2024, 2:16 pm
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
20 Feb 2024, 3:10 am
Justice Ginsburg died in 2020 and was immediately replaced by ultra-conservative Justice Amy Coney Barrett. [read post]
19 Feb 2024, 10:02 am
” Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
19 Feb 2024, 8:57 am
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
19 Feb 2024, 8:14 am
] [This post is co-authored with Professor Seth Barrett Tillman] On Thursday, February 15, 2024, Professor Mark Graber published a post on Balkinization titled "The Enforcement Act of 1870: Disqualification Myths and Realities. [read post]
SCOTUS Repeated Relisting of a Case on the Meaning of Race Neutrality--and a Plug for my new Article
19 Feb 2024, 4:00 am
Another--more nefarious--possibility parallels what apparently happened with the Dobbs case, which was continually re-listed so that the Court wouldn't overturn the constitutional right to abortion in the same Term in which Justice Barrett was appointed. [read post]
19 Feb 2024, 3:00 am
Sam McCann Pleads Guilty to Corruption Charges” by Hannah Meisel for Capitol News Illinois Ethics National: “Former FBI Informant Charged with Lying about Biden Business” by Devlin Barrett and Jacqueline Alemany (Washington Post) for MSN New Mexico: “Lawmakers for Second Year Kick Ethics Fixes Down the Road” by Marjorie Childress for New Mexico In Depth New York: “Judge Orders Trump and His Companies to Pay $355 Million in… [read post]
16 Feb 2024, 9:30 pm
Barrett on Cardozo's quip (SSRN). [read post]
16 Feb 2024, 3:00 am
National/Federal Chief Witness Against Gaetz Is Cooperating with House Ethics Investigation DNyuz – Robert Draper and Michael Schmidt (New York Times) | Published: 2/9/2024 A lawyer for the chief witness against U.S. [read post]
15 Feb 2024, 3:33 pm
This limitation is based upon what Justice Barrett referred to as a broader “principle of structural preemption,” reflected in the Court’s holdings in landmark decisions such as Tarble’s Case (1871) (a state judge may not issue a writ of habeas corpus for the discharge of a person held by a federal official) and M'Clung v. [read post]
14 Feb 2024, 7:26 pm
Software developer Ryan Barrett found this out the hard way when he set out to connect the AT Protocol and ActivityPub with a bridge called Bridgy Fed…” [read post]
