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11 Jan 2011, 8:50 am by Aaron
http://www.courts.wa.gov/opinions/pdf/840393.opn.pdf In her dissent, Justice Stephens, joined by Justice Sanders, argued that the case should have been remanded to a superior court for a reference hearing to resolve unanswered factual questions, and pointed out that the majority mischaracterized Mr. [read post]
11 Jan 2011, 8:43 am by J. Gordon Hylton
Baseball’s antitrust exemption, first recognized in the United States Supreme Court’s 1922 Federal Baseball Club v. [read post]
8 Jan 2011, 9:43 am by Lawrence Solum
Using as a starting point the Court's dramatically countermajoritarian recent decision in the Citizens United case, this article identifies at least six problems with the majoritarian thesis: (1) lack of clarity about who the relevant majority is that purportedly constrains the Court, such as national lawmaking majorities, national popular opinion majorities, or other possible definitions of "the majority"; (2) lack of convincing accounts of the mechanisms by which one or another of… [read post]
6 Jan 2011, 3:24 pm by Bruce Nye
  During his first two terms, Brown appointed Chief Justice Rose Bird (who brought no judicial experience to the bench) and Associate Justices Cruz Reynoso and Joseph Grodin. [read post]
6 Jan 2011, 7:17 am
 These "new originalists" have good reason to reject original expected applications because, among other things, it produces the wrong result in Brown v. [read post]
5 Jan 2011, 9:58 am by brian
Of course, the Fourteenth Amendment’s framers also did not understand themselves to be prohibiting racially segregated schools: if the Constitution’s meaning is measured purely by the understandings of its framers, Brown v. [read post]
5 Jan 2011, 3:40 am by Russ Bensing
  Drawing from a concurring opinion by Justice Whiteside in the 1988 case of State v. [read post]
4 Jan 2011, 7:11 pm by Transplanted Lawyer
The real question is what will happen to the endorsement test that five Justices followed in Santa Fe Independent School District v. [read post]
3 Jan 2011, 9:45 pm by Law Lady
Obstruction of Justice: FORMER GLAXO LAWYER CHARGED WITH OBSTRUCTION IN 'OFF-LABEL MARKETING' CASE, United States v. [read post]
3 Jan 2011, 5:55 am by Lawrence Solum
Using as a starting point the Court's dramatically countermajoritarian recent decision in the Citizens United case, this article identifies at least six problems with the majoritarian thesis: (1) lack of clarity about who the relevant majority is that purportedly constrains the Court, such as national lawmaking majorities, national popular opinion majorities, or other possible definitions of "the majority"; (2) lack of convincing accounts of the mechanisms by which one or another of… [read post]
31 Dec 2010, 11:59 pm by Transplanted Lawyer
  Watch for the decision in McDonald v. [read post]
22 Dec 2010, 10:22 pm by legalinformatics
Campbell & William Brown, Assessing Effects of Pretrial Publicity through Agenda-Setting and Framing. [read post]