Search for: "EUGENE SCALIA"
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28 Feb 2019, 5:42 am
" Id. at 420; see also Eugene Volokh, One-to-One Speech vs. [read post]
18 Feb 2023, 9:45 am
.; see also id. at 541-42 (Scalia, J., concurring in the judgment). [read post]
25 Jan 2024, 5:01 am
Some readers of Chevron, including Justice Scalia, have reconciled these statements by concluding that an ambiguity or a gap in a statute just is an implicit delegation by Congress to the agency. [read post]
10 Sep 2020, 5:03 pm
The precise contours of such a review should be subject to further refinement; but we might, as Justice Scalia suggested in Heller itself, look to the original meaning …. [read post]
[Eugene Volokh] Government Drone Overflights May Violate Fourth Amendment, Trigger Exclusionary Rule
27 Mar 2021, 12:59 pm
United States (2001), Justice Scalia [wrote]: … The present case involves officers on a public street engaged in more than naked-eye surveillance of a home. [read post]
20 Jul 2023, 8:55 am
" Justice Antonin Scalia used the same word. [read post]
13 May 2020, 10:42 am
Justice Scalia reminded the Court that there is a difference between the right to be married in a church and the "practice of throwing rice at church weddings. [read post]
5 Jun 2014, 9:14 am
Equality is an explosive principle on the Roberts Court. [read post]
2 Jun 2019, 7:44 am
., 481 U.S. 787, 816 n.2 (1987) (Scalia, J., concurring in the judgment), no history exists of any congressional prosecution of federal crimes. [read post]
14 Jul 2015, 2:50 pm
Judge Alex Kozinski -- for whom I clerked 20 years ago, who is one of our nation's most prominent appellate judges and who has long been seen as on balance a libertarianish conservative (appointed by President Reagan) -- has recently published an article in the Georgetown Law Journal that says some pretty harsh things about our criminal justice system, and offers some (doubtless controversial) proposals for improving it. [read post]
12 Jul 2017, 5:57 am
Washington state criminalizes (among other things) “mak[ing] an electronic communication to … a third party” “with intent to harass, … torment, or embarrass any other person” if the communication is made “[a]nonymously or repeatedly. [read post]
6 Jan 2021, 5:01 am
[We’ve filed an amicus brief supporting a motion to dismiss the charges.] [read post]
8 Sep 2014, 5:57 am
(For a recent conservative endorsement of that position, see Justice Scalia’s opinion in Employment Division v. [read post]
29 Apr 2015, 11:55 am
In 39 states, judges are popularly elected (or at least voters must decide whether to retain them). [read post]
20 Dec 2021, 6:01 am
For example, "a teacher may, without fear of personal liability, 'assign students to write 'opinions' showing how Justices Ginsburg and Scalia would analyze a particular Fourth Amendment question.'" But no legitimate pedagogical interest is served by forcing students to agree with a particular political viewpoint, or by punishing those who refuse. [read post]
21 Jun 2022, 8:39 am
[except for the training of the clergy, holds the Supreme Court.] [read post]
30 Oct 2020, 1:18 am
Today, the American Federation of Teachers (AFT), the American Federation of State, County and Municipal Employees (AFSCME), the Washington State Nurses Association (WSNA), and the United Nurses Association of California/Union of Health Care Professionals (UNAC/UHCP) sued Labor Secretary Eugene Scalia and the Occupational Safety and Health Administration (OSHA) for unlawfully delaying rulemaking on an occupational standard to protect healthcare workers from infectious diseases… [read post]
29 Jun 2016, 12:59 pm
.); id. at 492 (Scalia, J., concurring in part and in the judgment) (similarly concluding that “test[s] that [are] tied to … a court’s perception[] of . . . intent” are “ineffective to vindicate the fundamental First Amendment rights” of those against whom the intent-based law is applied). [read post]
28 May 2011, 5:06 pm
Alito, Jr., Scalia and Thomas. [read post]
18 Apr 2007, 8:20 pm
Scalia. [read post]
