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19 Jun 2017, 9:15 pm by Walter Olson
[Ilya Shapiro/Cato, Betsy Gomez/CBLDF, Eugene Volokh and more (“Supreme Court unanimously reaffirms: There is no ‘hate speech’ exception to the First Amendment”)] Earlier here (“Did Cato just file the most not-safe-for-work amicus brief in Supreme Court history? [read post]
18 Jun 2017, 9:05 pm by Walter Olson
Chevron] Update Monday morning: Court will not hear; “To Be Liable for Fraud, You Have to Have Actually Defrauded Someone” [Ilya Shapiro and Thomas Berry on Cato cert amicus in SGE Management v. [read post]
16 Jun 2017, 3:12 am by Walter Olson
[Scott Greenfield, Lowering the Bar] Federal judge dismisses “clock boy” discrimination suit against Dallas-area school district [CBS News] Ilya Shapiro on Gloucester County v. [read post]
15 Jun 2017, 3:05 am by Walter Olson
[Federalist Society podcast with Ilya Shapiro, Cato on Supreme Court case of Packingham v. [read post]
11 Jun 2017, 9:05 pm by Walter Olson
[David Henderson, EconLib; Benjamin Parker, Weekly Standard; Stephen Bainbridge] Supreme Court, 9-0, rebuffs SEC: yes, disgorgement is a penalty and statute of limitations applies to it [Theresa Gabaldon/SCOTUSBlog (statutes of limitations “vital to the welfare of society,” per Sotomayor), Bainbridge and more, Thaya Brook Knight and Ilya Shapiro/Cato] Allan Meltzer, R.I.P. [read post]
2 Jun 2017, 4:33 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Thomas Berry urge the court to review a case in which the appeals court affirmed a “class certification, accepting the plaintiff’s theory that a single proof of illegal structuring would prove a fraud against every one of [the defendant]’s salespeople”; they argue that “it is dangerous to hold that someone can be liable for fraud without ever having made a misrepresentation. [read post]
2 Jun 2017, 4:28 am by SHG
  *Much as the name “Resistance Police” might implicate all the horrifying and exhausting trauma that infects its creators, it struck Cato’s Ilya Shapiro as a good name for a band. [read post]
27 May 2017, 12:27 pm by Walter Olson
It might seem dangerous to entrust them with a power like that [Ilya Shapiro and Frank Garrison on Cato certiorari petition in donning and doffing FLSA case DuPont v. [read post]
26 May 2017, 5:08 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Devin Watkins urge the court to review a case that asks whether, under the Computer Fraud and Abuse Act, the owner of online information can authorize a third party to access that information on a social networking site; they argue that “Internet companies need clear legal rules so they know what they can do nationwide without the threat of civil liability or criminal prosecution. [read post]
15 May 2017, 9:05 pm by Walter Olson
Wang and Callum Borchers, Washington Post; Volokh] First Amendment lawyer Floyd Abrams on his new book, The Soul of the First Amendment [Cato podcast, panel discussion with Abrams, Ronald Collins, and Ilya Shapiro, Roger Pilon moderating] Worth a read: promote legal liability for speech and watch it come back to bite you, time and again [Jason Harrow, Take Care Blog on purported incitement by President Trump at his rallies] Irish blasphemy investigation of comedian/actor… [read post]
14 May 2017, 9:05 pm by Walter Olson
Takings alert [Ilya Shapiro, David McDonald on Cato certiorari petition in case of 616 Croft Ave., LLC v. [read post]
5 May 2017, 5:48 am by Walter Olson
More: Ilya Shapiro at Cato, Ed Morrissey, and my post on the earlier draft. [read post]
4 May 2017, 9:05 pm by Walter Olson
[Volokh] “Don’t Compel Doctors to Promote State-Favored Programs” [Ilya Shapiro and Thomas Berry on Cato amicus brief supporting Supreme Court certiorari in National Institute of Family & Life Advocates v. [read post]
3 May 2017, 4:51 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Frank Garrison urge the court to grant review of a decision in which the court of appeals, they argue, improperly deferred to a government amicus brief; they contend that that “the Constitution’s separation of powers does not allow such judicial enabling of executive mischief. [read post]
26 Apr 2017, 5:26 pm by Ilya Somin
But a few commentators, such as Ilya Shapiro and David French, claim that the decision is insignificant – even that it is “much ado about nothing” (Shapiro) or “mostly meaningless” (French). [read post]
25 Apr 2017, 9:05 pm by Walter Olson
[Baylen Linnekin, earlier] “Justice Department Disability Demands Raise Serious Free Speech Issues” [Hans Bader, CEI, earlier on the Berkeley online course takedown] Government shouldn’t be entitled to shut down recording of its officers in public places when it doesn’t interfere with law enforcement [Ilya Shapiro and Devin Watkins on Cato Institute brief in 9th Circuit case of Jacobson v. [read post]
25 Apr 2017, 3:39 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Thomas Berry urge the court to grant review in a case involving a challenge to a California law that requires family-planning clinics to inform their patients about state programs that provide free or low-cost access to family planning services that include abortions; they argue that “[c]ompelling licensed professionals to speak the government’s message is dangerous” because “it… [read post]
21 Apr 2017, 4:36 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro discusses the argument, finding the apparent sympathy for the church across the ideological spectrum “surprising, because if indeed the case is headed to a 7-2 resolution, then it would’ve been 6-2 without Gorsuch and there was no need to hold it for so long. [read post]
20 Apr 2017, 4:18 am by Edith Roberts
” Briefly: At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and David McDonald urge the court to review a takings-clause challenge to the city of West Hollywood’s attempt “to condition issuance of land-use permits on landowners’ surrendering property rights the government would otherwise have had to pay for” by enacting “a zoning ordinance that requires developers who build multi-unit housing to either (1) sell or rent a… [read post]
19 Apr 2017, 9:05 pm by Walter Olson
Sounds rational to Tenth Circuit [Ilya Shapiro and David McDonald] Dimock, Pa. episode was central to anti-fracking lore including movie “Gasland,” now judge has overturned $4 million verdict in case [Timothy Cama, The Hill] “EPA Employees Organize Against Taxpayers” [NPR via David Boaz on Twitter] Sweetheart consent decrees (“sue and settle”) enable agencies to bypass notice-and-comment rulemaking in adopting controversial rules, as with… [read post]