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4 Aug 2010, 5:27 pm by Lawrence Solum
Here is the abstract: In this article, we examine the background of the judicial takings doctrine, discuss the Supreme Court’s ruling in Stop the Beach, react to that decision in light of Cato’s amicus brief, and contrast Justice Antonin Scalia’s views of Substantive Due Process as expressed in Stop the Beach with that in another high-profile case whose plurality opinion he joined, McDonald v. [read post]
23 Dec 2011, 12:57 am by INFORRM
There should be “no unnecessary barriers” to the use of justification (McDonald’s Corp v Steel [1995] 3 All ER 615), and a defendant should be able to enjoy “a full opportunity to make good whatever defence he has” (Basham v Gregory (unreported, 21 February 1996 CA) per Lord Bingham MR). [read post]
18 Nov 2009, 6:57 am
Following the Court’s denial of cert. in Harjo v. [read post]
19 Oct 2009, 7:53 am
Looking forward, Michael Kirkland addresses the issues at stake in McDonald v. [read post]
8 Aug 2019, 3:59 am by Edith Roberts
” At Real Clear Politics, David McDonald points to “the outlines of a consensus” in The American Legion v. [read post]
3 Jan 2018, 5:10 am by Eugene Volokh
" (Guglielmi v Spelling-Goldberg Productions, 25 Cal 3d 860, 869, 603 P2d 454, 460 [1979] (Bird, C.J., concurring) (concurrence endorsed by four of seven Justices).) [read post]
1 Apr 2010, 7:48 am by Erin Miller
” Justice Scalia authored the Court’s opinion, joined by the Chief Justice and Justices Stevens, Thomas, and Sotomayor. [read post]
30 Jun 2023, 12:39 pm by Eugene Volokh
" "In support of its decision, the court ... pointed to defense counsel's description of Henderson as 'quite combative' on the witness stand and her description of Thompson as 'intimidated and emotional about the process.'"] From Justice Alito's statement today respecting the denial of certiorari, joined by Justice Thomas, in Thompson v. [read post]
6 Nov 2009, 7:10 am
Also at Volokh, Randy Barnett previews an upcoming panel hosted by the Georgetown Law Journal on McDonald v. [read post]
8 Oct 2009, 6:09 am
Following the recent grant of cert. in the gun rights case McDonald v. [read post]
26 Jun 2022, 7:18 am by jonathanturley
Justice Thomas also emphasized this point: “The Court’s abortion cases are unique, see ante, at 31–32, 66, 71–72, and no party has asked us to decide “whether our entire Fourteenth Amendment jurisprudence must be preserved or revised,” McDonald, 561 U. [read post]
4 Feb 2010, 1:06 pm by Lawrence Solum
City of Chicago, 567 F.3d 856 (7th Cir. 2009), cert. granted sub nom., McDonald v. [read post]
29 Jul 2010, 6:53 am by Erin Miller
  The editorial board of the Washington Times questions Snowe’s public assurance that Kagan regards the Court’s recent decisions in Heller and McDonald as “settled law,” suggesting that Kagan will instead “follow the same path” as Justice Sonia Sotomayor, who dissented in McDonald. [read post]
29 Jun 2022, 10:44 am by Esther Sanchez-Gomez
ShareThis article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. [read post]