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[On Monday, June 27, Concurrences hosted a conference on the Rulemaking Authority of the Federal Trade Commission. [read post]
7 Jul 2022, 10:34 am by Amy Howe
And indeed, when the court finally released its opinion in Dobbs on June 24, five members of the court – Justice Samuel Alito, joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – concluded “that Roe and Casey must be overruled. [read post]
5 Jul 2022, 9:59 am by Steve Lubet
That is no concern of the court’s, according to Justice Neil Gorsuch‘s majority opinion, because the Bremerton School District “admitted that it possessed ‘no evidence that students have been directly coerced to pray with Kennedy.'” In other words, the coach’s discomfort over being told to pray off-field takes precedence over any students’ sense of religious intimidation or exclusion, so long as there is insufficient “evidence… [read post]
5 Jul 2022, 6:27 am by Jeff Kosseff, Matthew Schafer
Justice Neil Gorsuch, who did not dissent from the denial, called for the Court to revisit Sullivan last year. [read post]
30 Jun 2022, 9:11 am by Cristina Mariottini
The first session concluded with an insightful presentation from Professor Domenico Dalfino (University of Bari Aldo Moro, Italy) who explored the long-debated issue of which party bears the burden of initiating the mandatory mediation in proceedings opposing a payment order. [read post]
28 Jun 2022, 9:01 pm by Joanna L. Grossman
” There was a right of privacy, the Court said, that included the right to decide whether to “bear or beget” a child.The leap from Griswold to Eisenstadt was significant, as American law had long developed and reinforced a norm that sex could occur legitimately only within marriage. [read post]
28 Jun 2022, 4:00 am by Administrator
Research & Writing TL;DR Neil Guthrie Translation: ‘too long; didn’t read’. [read post]
27 Jun 2022, 9:01 pm by Leslie C. Griffin
In Kennedy, Justice Neil Gorsuch’s opinion rejected the past Establishment Clause tests. [read post]
26 Jun 2022, 4:06 pm by INFORRM
Data Privacy and Data Protection The Department for Culture, Media and Sport (DCMS) has published the UK government’s long-awaited response to the consultation on the future of the UK data protection regime. [read post]
23 Jun 2022, 9:27 am by William Hibbitts | JURIST Staff
Justice Clarence Thomas wrote the majority opinion in the 6-3 decision, with Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Chief Justice John Roberts joining. [read post]
22 Jun 2022, 9:01 pm by Neil H. Buchanan
Specifically, the Social Security system—which was already in very good shape, notwithstanding the decades-long drumbeat of doomsaying from those who would scrap the most successful public benefits program in history—has come through the worst stages of the pandemic in very good shape. [read post]
21 Jun 2022, 10:25 pm by Matthias Weller
“, University of Pittsburgh Law Review 82 (2021), pp. 847-880 (available here) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. 83-112 Cai, Ya-qi “Feasibility Study on China’s Ratification of the HCCH Judgment Convention from the Perspective of Indirect Jurisdiction”, Journal of Taiyuan Normal University (Social Science Edition) 2021-04, pp. [read post]
21 Jun 2022, 4:56 pm by INFORRM
There is in fact nothing essentially new in such ideas, which date back at least as far as the Reconquista – the centuries-long process in which the Christian Iberian kingdoms opposed and conquered the Muslim kingdoms. [read post]
20 Jun 2022, 9:01 pm by Neil H. Buchanan
When the supposed heroes highlighted by the Select Committee include people who would vote for Donald Trump again—with one saying that “I believe that the greatest threat to the country is the progressive agenda being pushed by the Democratic Party” (yes, higher taxes on the rich are worse than insurrection, I guess)—we know everything we need to know about their commitment to the Constitution.Even so, there is no reason to pretend that the Republicans have not been aided in… [read post]
17 Jun 2022, 7:08 am by Anita Krishnakumar
Perhaps the most striking feature of Barrett’s opinion for the court (and the two dissenting opinions from Justices Sonia Sotomayor and Neil Gorsuch) is how little it focuses on the text of the relevant statutes. [read post]
16 Jun 2022, 10:04 am by John Elwood
In December, the court denied the petitioners’ request for an emergency order to block the mandate from taking effect, over the dissents of Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch. [read post]
Between 1999 and 2019, public charges were defined as individuals likely to receive cash assistance for income maintenance or institutionalization for long-term care at government expense. [read post]
15 Jun 2022, 4:20 am by Emma Snell
Biden’s refusal to reserve the Trump-era policy puts the U.S. at odds with most of the international community and suggests that Biden has “no serious interest in trying to resolve the long-running Israeli-Palestinian conflict,” Nahal Toosi and Joseph Geden provide analysis for POLITICO. [read post]