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15 Apr 2011, 10:34 am by Josh Wright
  Given the skepticism I’ve expressed (with Douglas Ginsburg) concerning behavioral law and economics, and in particular, the abuse of the behavioral economics literature by legal scholars, it appears capture is unlikely. [read post]
6 May 2013, 7:44 am by The Charge
  The three dissenters - Justices Black, Douglas and Murphy, agreed with the incorporation doctrine and lamented that if the defendant had been charged with an identical federal offense, he would have been provided counsel. [read post]
3 Aug 2022, 6:30 am by Guest Blogger
Two Justices are Jewish, down from three due to Justice Ginsburg’s passing; and soon to be down to one, with Justice Breyer to be replaced by Judge, soon to be Justice, Jackson,[6] a self-described non-denominational Protestant. [read post]
1 Oct 2015, 6:00 am by Douglas E. Abrams
”[xxvi] “It isn’t necessary to say anything nasty about your adversary or to make deriding comments about the opposing brief,” adds Justice Ruth Bader Ginsburg, who says that such comments “are just distractions. [read post]
31 Jul 2008, 11:45 am
In a 93-page opinion in the Miers/Bolten contempt case, Judge Bates not only rejects all of the various Administration arguments against justiciability, but goes so far as to reach the merits and hold that there is no basis for the DOJ argument that close presidential advisers are absolutely immune from compelled congressional testimony: There are powerful reasons supporting the rejection of absolute immunity as asserted by the Executive here. [read post]
5 Oct 2011, 12:41 pm by Lyle Denniston
  And, at the lectern, even a lawyer extremely skilled in the constitutional law of the First Amendment, Douglas Laycock, put so many qualifications into his supposedly categorical theory that he sounded like a young seminarian confusing dogmatism with relativism. [read post]
6 Jul 2018, 6:50 am by Sherry Colb
Before President Ronald Reagan selected Kennedy, he first nominated Robert Bork, whom the Senate rejected as ideologically extreme, and then Douglas Ginsburg, who asked to be withdrawn from consideration after admitting to marijuana use. [read post]
4 Nov 2011, 8:07 am by Aaron Tang
 Justice William Douglas maintained he wrote his own opinions. [read post]
7 Dec 2011, 9:36 am by Steve Hall
Judge Douglas Ginsburg produced the final open seat when he announced in October that he would become a professor at of New York University School of Law in January. [read post]
3 Aug 2015, 11:29 am by Andrew Hamm
Douglas Smith looks at Evenwel v. [read post]
20 Mar 2018, 7:35 pm by Anthony Gaughan
As Justice Ginsburg explained in the majority opinion, “redistricting is a legislative function, to be performed in accordance with the State’s prescriptions for lawmaking. [read post]
30 Oct 2018, 9:01 pm by Michael C. Dorf
The nomination only went to Kennedy, a moderate conservative, after the Senate rejected Bork, and Judge Douglas Ginsburg, Reagan’s second choice, withdrew.Overall, Reagan’s judicial nominees reflected the fact that his administration was a hotbed of activity for ambitious conservative lawyers. [read post]
10 Jan 2025, 12:30 pm by Amy Howe
” Moreover, Senior Judge Douglas Ginsburg added, the law was “carefully crafted to deal only with control by a foreign adversary, and it was part of a broader effort to counter a well-substantiated national security threat posed by the People’s Republic of China. [read post]
2 May 2012, 7:46 am by Lyle Denniston
Ginsburg and Circuit Judge Brett M. [read post]
9 May 2011, 4:00 am by Kim Zetter
But Judge Douglas Ginsburg wrote in his ruling that the persistent, nonstop surveillance afforded by a GPS tracker was much different from physically tracking a suspect on a single trip. [read post]
7 Apr 2020, 7:30 am by Evan Lee
Glover; Justice Elena Kagan wrote a concurrence stressing the narrowness of the decision, which was joined by Justice Ruth Bader Ginsburg. [read post]
20 Sep 2011, 5:54 pm by Roy Ginsburg
The modified McDonnell-Douglas analysis that applies to this type of claim involves four elements: a) the employee was qualified for the position; b) the employee was subject to an adverse job action; c) the employee was known to be associated with a disabled individual; and d) the adverse action occurred under circumstances raising a reasonable inference that the relative’s disability was a determining factor in the decision. [read post]