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8 Jun 2016, 6:15 am by Marty Lederman
The Justices reportedly voted to deny cert.; before the Court issued the decree, however, Solicitor General Erwin Griswold informed the Court that the defendants in a number of pending cases, including Ali’s, had been the subject of FBI wiretapping that might have been unconstitutional under the Court’s then-recent Fourth Amendment decisions. [read post]
19 Nov 2013, 12:04 pm by John Elwood
  The Court denied cert. in Rapelje v. [read post]
28 Mar 2012, 7:38 am by Tejinder Singh
Justice Alito delivered the day’s first opinion in FAA v. [read post]
30 Jun 2024, 12:28 pm by Josh Blackman
A long-standing practice is no different than an interpretive canon, for Chief Justice Roberts. [read post]
17 Dec 2022, 9:05 pm by Guest Author
   Further, as Justice Gorsuch noted in his recent dissent from denial of cert in Buffington v. [read post]
18 Nov 2024, 8:55 am by Lawrence Solum
The product of Chief Justice John Marshall’s cryptic decision in Strawbridge v. [read post]
25 May 2018, 4:15 am by Edith Roberts
” At Stanford Law School’s Legal Aggregate blog, Gregory Ablavsky maintains that the court’s decision this week in Upper Skagit Indian Tribe v. [read post]
17 Jul 2023, 8:32 am by Eric Goldman
Moreover, the US Supreme Court has resurrected a long-disused canon of statutory construction: The presumption against extraterritorial application of US statutes. [read post]
10 Jul 2019, 1:06 pm by Sandy Levinson
Sims, were wrongly decided, I take it that both have been absorbed into the canon under the rubric of the constitutional necessity of “one-person/one-vote. [read post]
2 May 2014, 5:31 pm by Guest Blogger
It seems to me that the important distinction is that what is in the constitutional canon will be hard to change, and the Roberts Court majority has shown in Shelby County v. [read post]
2 May 2014, 5:31 pm by Guest Blogger
It seems to me that the important distinction is that what is in the constitutional canon will be hard to change, and the Roberts Court majority has shown in Shelby County v. [read post]
21 Aug 2024, 4:53 pm by INFORRM
On this basis, it does not seem to me that a serious harm test would fail the rationality standard of review set out by Finlay CJ in Tuohy v Courtney (above). [read post]
2 Oct 2016, 12:49 pm by Howard Friedman
Dorin, "Once the Jews Have Been Expelled": Intent and Interpretation in Late Medieval Canon Law, 34 Law & History Review 335-362 (2016).Mohammad Rasekh, Sharia and Law in the Age of Constitutionalism, [Abstract], 2 Journal of Global Justice & Public Policy 259-276 (2016). [read post]