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16 Apr 2020, 2:00 am by Sophie Corke
Ruth Soetendorp to introduce two contributions, the first from Hannah Yates (UK Intellectual Property Office), and the second from Joe Sekhon (Portsmouth University). [read post]
14 Apr 2020, 12:00 am by DONALD SCARINCI
The Kansas Supreme Court rejected Kahler’s due process argument on appeal. [read post]
13 Apr 2020, 6:31 am by Marcia Coyle
The risk was particularly acute for the Justices, two of whom are in their 80s (Ruth Bader Ginsburg and Stephen Breyer), two in their 70s (Clarence Thomas and Samuel Alito Jr.) and two now 65 (Roberts and Sonia Sotomayor)—fully two-thirds of the court falling into the most vulnerable category. [read post]
12 Apr 2020, 9:01 pm by Michael C. Dorf
DNC is less clearly scrambled because the Republican majority appealed to a principle that conservatives on the Court hold dear in other circumstances as well. [read post]
9 Apr 2020, 9:05 pm by Joshua Burd
In her dissent, Justice Ruth Bader Ginsburg argued that the Court’s reversal would lead to massive voter disenfranchisement due to the current public health crisis. [read post]
6 Apr 2020, 5:03 pm by Derek T. Muller
The Purcell Court emphasized:Faced with an application to enjoin operation of voter identification procedures just weeks before an election, the Court of Appeals was required to weigh, in addition to the harms attendant upon issuance or nonissuance of an injunction, considerations specific to election cases and its own institutional procedures. [read post]
6 Apr 2020, 4:47 am by Jacob Dougherty
Then, the Kansas Supreme Court reversed the Court of Appeals. [read post]
2 Apr 2020, 10:52 am by DONALD SCARINCI
The determination thus presents a task for fact-finding courts and should be judged on appeal by a clear-error review standard. [read post]
30 Mar 2020, 8:42 am by Amy Howe
King appealed the Bivens ruling to the U.S. [read post]
23 Mar 2020, 5:40 pm by Kit Johnson
He was joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, Neil Gorsuch and  Brett Kavanaugh. [read post]
23 Mar 2020, 1:43 pm by Amy Howe
Justice Ruth Bader Ginsburg filed a separate opinion, concurring in part and in the court’s judgment. [read post]
23 Mar 2020, 11:22 am by Amy Howe
Justice Stephen Breyer dissented, in an opinion that was joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor. [read post]
23 Mar 2020, 9:02 am by Jessica Lusamba
Kahler appealed his conviction, arguing that Kansas’ incapacity test violated Due Process. [read post]
19 Mar 2020, 10:53 am by Tom Goldstein
Some district courts and courts of appeals are using a fifth option: remote oral argument by audio or video conference. [read post]
16 Mar 2020, 6:43 am by Kevin Kaufman
What constitutes digital advertising may, if anything, be even less clear, though it would certainly include common forms of digital advertising like banner ads.[3] In a last-minute effort to broaden the bill’s appeal, the digital advertising tax proposal bas been combined with new tobacco taxes, but this paper focuses exclusively on digital advertising taxation. [read post]
13 Mar 2020, 7:08 am by Ronald Collins
The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020). [read post]
13 Mar 2020, 3:43 am by Edith Roberts
” At The Atlantic (via How Appealing), Adav Noti writes that “[t]his summer,” in Chiafalo v. [read post]
6 Mar 2020, 10:28 am by NCC Staff
Court of Appeals for the Third Circuit Jane Chong argues that Donald Trump’s frequent invocations of his “absolute right” to do things such as pardoning himself and appointing ambassadors are part of his dangerous vision of unbridled executive authority. [read post]
5 Mar 2020, 6:34 am by DONALD SCARINCI
Dissent Justice Ruth Bader Ginsburg authored a dissent, which was joined by Justices Stephen G. [read post]
4 Mar 2020, 12:16 pm by Ronald Mann
Court of Appeals for the 9th Circuit’s conclusion that the government was entitled to disgorgement of every dollar raised by the defendants based on its view that “there were no legitimate expenses to deduct to arrive at net profit. [read post]