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6 Nov 2017, 3:59 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Aaron Barnes urge the justices to review Berninger v. [read post]
6 Nov 2017, 3:16 am by Walter Olson
” Takings review needed [Ilya Shapiro and Meggan DeWitt, Cato on Ganson v. [read post]
4 Nov 2017, 6:58 am by Walter Olson
Somers gives the Supreme Court a chance to rein in a particularly inappropriate use of the Chevron doctrine, under which courts give deference to agencies’ interpretations of law [Ilya Shapiro, Harvard Law Review blog] The last few years have of course seen renewed attention — academic, judicial, and journalistic — to the question of whether courts have become altogether too deferential to executive agencies. [read post]
1 Nov 2017, 4:44 am by SHG
” And Ilya Shapiro, a senior fellow in constitutional studies at the Cato Institute, argued on the Cato at Liberty blog in late May that “what’s going on here isn’t a sober legal analysis” but “a wholesale rejection of Donald Trump. [read post]
31 Oct 2017, 4:20 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and others urge the court to review a commerce-clause challenge to the listing of the Utah prairie dog as an endangered species even though, they argue, it “has no commercial value: there is no market for it—they make terrible pets—or any product made from it. [read post]
27 Oct 2017, 4:25 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Matthew Larosiere maintain that by reviewing Silvester v. [read post]
17 Oct 2017, 4:21 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Meggan Dewitt urge the court to grant a cert petition in a regulatory-taking case, arguing that “[r]efusing compensation in cases that clearly fall under the Supreme Court’s total-deprivation-of-use rule will merely provide incentives to investors who want to avoid the risk of total loss to develop as much as possible, as quickly as possible. [read post]
16 Oct 2017, 2:59 am by Walter Olson
[Cato podcast with Ilya Shapiro] School lobby in Pennsylvania, unable to defeat taxpayer advocates at ballot box, hopes to win in court instead [Matt Miller, PennLive on school finance suit] “End Federal Pressure for Racial Quotas in Special Education” [Hans Bader, CEI] Irvington, N.J.: “Student to get $6M after tripping, breaking arm in gym class” [AP/TribLive] Tags: labor unions, Pennsylvania, schools, sports, Title IX, transgender Schools… [read post]
12 Oct 2017, 4:23 am by Edith Roberts
” At National Review, Ilya Shapiro and Frank Garrison focus on two cases pending before the court that “revolve around one fundamental question: whether state legislatures can force workers into unwanted relationships with unions. [read post]
3 Oct 2017, 3:01 am by Walter Olson
Jed Shugerman’s apology, Adam Liptak] From Usery to Garcia to commandeering: better for SCOTUS to respect states’ core sovereignty [Nick Dranias, Liberty and Law] Cato Unbound roundtable on religious liberty with Ilya Shapiro, David Gans, Robin Fretwell Wilson, and K. [read post]
28 Sep 2017, 4:05 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro urges the court to grant a cert petition “challenging the lower-court holding that statutory conflict triggers Chevron deference (named after the 1984 Supreme Court case that created the doctrine). [read post]
27 Sep 2017, 9:15 pm by Walter Olson
” [Ilya Shapiro and Matthew Larosiere on Cato-joined amicus brief in Christie v. [read post]
25 Sep 2017, 3:02 am by Walter Olson
Lawyers with contingency-fee role in AGs’ carbon campaign join Hagens Berman [Scott Flaherty, American Lawyer; earlier on climate lawyers on contingency fee here and here] Encyclopedia of Libertarianism, 2008, includes entries on urban planning by Mark Pennington and on eminent domain and takings by Karol Boudreaux; California legislature’s $1.5 billion green Christmas tree includes bill “aimed at helping a union looking to organize workers who assemble Tesla electric cars in… [read post]
21 Sep 2017, 11:05 am by NCC Staff
Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. [read post]
12 Sep 2017, 2:57 am by Walter Olson
Tam, feds drop effort to void trademark of Washington Redskins [Ilya Shapiro, Eugene Volokh, earlier] Tags: Article V, constitutional law, double jeopardy, football, rule of law Constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
10 Sep 2017, 9:05 pm by Walter Olson
Cato’s brief emphasizes the expressive significance of custom cake baking, which involves the creation of a unique work of art with symbolic and emotional elements (more from Ilya Shapiro and David McDonald). [read post]
6 Sep 2017, 4:18 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and David McDonald argue that “[a]lthough making cakes may not initially appear to be speech to some, it is a form of artistic expression and therefore constitutionally protected. [read post]
29 Aug 2017, 7:56 am by Andrew Hamm
And at the Cato Institute’s Cato at Liberty blog, Ilya Shapiro discusses the institute’s amicus brief in Tyler v. [read post]
28 Aug 2017, 7:55 am by Andrew Hamm
At the Cato Institute’s Cato at Liberty blog, Thaya Brook Knight and Ilya Shapiro discuss the institute’s amicus brief in Lucia v. [read post]
25 Aug 2017, 2:59 am by Walter Olson
” [David Lubet on Trump-Hotel-as-speech-venue flap] Duties of celebration: Cato amicus urges SCOTUS to consolidate Arlene’s Florist with Masterpiece Cakeshop case [Ilya Shapiro and David McDonald] Maryland gun ban unconstitutionally broad, argue Randy Barnett and Dave Kopel in Cato amicus [Shapiro, Kopel, and Matthew Larosiere] Restore rights to a rehabilitated felon? [read post]