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25 Jun 2010, 1:13 pm
” At TIME, Adam Cohen briefly profiles the nominee, concluding that she could be “a powerful intellectual leader for the liberals, and adept at winning over conservative justices. [read post]
25 Jun 2010, 4:05 am
They cover not just church-state matters, but also issues such as the death penalty, corporate election contributions, abortion, gay marriage, environmental laws and Presidential powers. [read post]
24 Jun 2010, 1:39 pm
Providers have historically argued that these were inseparable from the internet access component, and the so-called "Stevens Report" of 1998 introduced the notion that the "inextricably intertwined" nature of broadband service might have the result of classifying all such services as entirely Title I "information services. [read post]
24 Jun 2010, 10:01 am
As to Part III, she was joined by Roberts, Stevens, Breyer, Alito and Sotomayor. [read post]
23 Jun 2010, 6:00 am
Do you have strong witnesses and powerful exhibits? [read post]
22 Jun 2010, 10:54 pm
" Yeah.Because when you give them power, they'll find a way to abuse it.And it's really not enough that the government promises to be careful and not abuse the power. [read post]
22 Jun 2010, 5:23 pm
In a 5-4 decision, written by Justice Stevens and joined by Chief Justice Roberts and Justices Scalia, Thomas, and Alito, the Court held that while the National Labor Relations Act allows the five-member Board to delegate its powers to three members, and that two of those three members may constitute a quorum sufficient to exercise the Board’s powers, the Board has no authority to decide unfair labor practice and representation cases unless at least three of the… [read post]
22 Jun 2010, 4:06 pm
Energy Secretary Steven Chu recently announced conditional commitments to provide loan guarantees in connection with two geothermal projects located in Oregon and Nevada. [read post]
22 Jun 2010, 3:40 pm
(I say “surprisingly,” because Justices Stevens and Breyer have over the years been by far the most sensible and knowledgeable justices on arbitration matters). [read post]
22 Jun 2010, 1:55 pm
The problem here was not the law – as Justice Stevens showed in another powerful dissent, nothing in the Federal Arbitration Act, its history, or the Court’s precedents, remotely compelled this result – it was the five conservative Justices in the majority. [read post]
22 Jun 2010, 5:57 am
Justice Stevens dissented, while Justice Breyer did not participate in the case. [read post]
21 Jun 2010, 2:32 pm
The problem here was not the law – as Justice Stevens showed in another powerful dissent, nothing in the Federal Arbitration Act, its history, or the Court’s precedents, remotely compelled this result – it was the five conservative Justices in the majority. [read post]
21 Jun 2010, 1:28 pm
In a stinging dissent, Justice Stevens pointed out that neither party had urged the rule adopted by the Court and characterized the Court’s reasoning as “fantastic. [read post]
21 Jun 2010, 8:49 am
The fact Justice John Paul Stevens, who has written some of the Court’s strongest opinions rejecting government claims to power over terrorism, joined without quibble in the Roberts opinion supported the notion that it was narrow. [read post]
21 Jun 2010, 6:22 am
” And although neither party had previously raised the issue, Justice Stevens also suggested that the Court’s holding ran afoul of separation-of-powers principles, arguing that the scope of the Commission’s authority under the decision represents a “forbidden delegation of legislative power. [read post]
21 Jun 2010, 5:00 am
Justice Stevens characterized the approach as a "Rube Goldberg-style delegation mechanism. [read post]
21 Jun 2010, 1:45 am
Steven Beutz, an owner of residential property in Wildomar, challenged the assessment on the basis that it violated Article III D. [read post]
21 Jun 2010, 1:45 am
Article XIII D imposes certain procedural and substantive limits on an agency's power to impose special assessments. [read post]
18 Jun 2010, 1:10 pm
(“We do not respond” to Justice Stevens’ separation of powers discussion, which was not briefed and is not within the question presented here.) [read post]
18 Jun 2010, 10:26 am
Here’s the abstract of my paper: Guhan Subramanian, Steven Herscovici & Brian Barbetta, Is Delaware’s Antitakeover Statute Unconstitutional? [read post]
