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18 Jan 2024, 6:38 am by Unknown
Then, the defendant may defend, by, for example, invoking the safe harbor for forward-looking statements or citing Omnicare for a statement of opinion.Justice Barrett asked if the rule Macquarie is asking for was “fairly narrow. [read post]
18 Jan 2024, 4:00 am by Michael C. Dorf
Nebraska, Justice Barrett wrote a concurrence arguing that the MQD should not be understood as a clear statement rule. [read post]
18 Jan 2024, 3:45 am by SHG
” Justice Barrett asked, adding, “Isn’t it inviting a flood of litigation? [read post]
16 Jan 2024, 1:44 pm by Ilya Somin
For example, Justice Amy Coney Barrett noted that an injunction couldn't fix a "temporary taking" where the government has temporarily taken an owner's property, but then stopped. [read post]
16 Jan 2024, 5:00 am by Joelle Boxer
Despite these benefits, the film documents a quickly shifting legal landscape: the death of Justice Ruth Bader Ginsburg, the appointment of Justice Amy Coney Barrett, the insurrection of January 6, 2021, and the Supreme Court’s reinstatement of the FDA’s in-person pill requirements on January 12, 2021. [read post]
13 Jan 2024, 4:31 pm by INFORRM
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. [read post]
12 Jan 2024, 9:30 pm by ernst
  Mark Graber disputes the significance of the latest discovery of Josh Blackman and Seth Barrett Tillman related to whether the President is an Office of the United States for purposes of Section 3 of the fourteenth Amendment (Balkinization).ICYMI: The failed attempt to rename Brown v. [read post]
12 Jan 2024, 7:31 am by Guest Author
As Justice Barrett rightly observed at oral argument, requiring “control might go a little bit too far”; this standard was not the “linchpin” of the Court’s previous cases. [read post]
Two of the Court’s most conservative members, Justices Thomas and Barrett, tried to use civil rights advocates’ argument against them, questioning whether Muldrow’s theory would empower opponents of “diversity, equity and inclusion” programs to sue over the slightest benefit or advantage given to minority workers—a trend, incidentally, that is on the rise due to these Justices’ own votes last year to ban affirmative action to redress past racial… [read post]
12 Jan 2024, 3:00 am by Jim Sedor
Judges Skeptical That Trump Is Immune from Jan. 6 Prosecution MSN – Rachel Weiner, Spencer Hsu, Perry Stein, and Devlin Barrett (Washington Post) | Published: 1/9/2024 A panel of three federal appellate judges expressed skepticism about Donald Trump’s claim to sweeping immunity from criminal prosecution and concerns about its implications, suggesting it would allow a future president to have a political rival assassinated by the military without repercussions. [read post]
11 Jan 2024, 7:38 am by Will Baude
  Congratulations to Josh Blackman and Seth Barrett Tillman for unearthing the Louisville Daily Journal's series of pieces claiming, contrary to what President Andrew Johnson said about his job description, that Johnson was not an officer of the United States. [read post]
11 Jan 2024, 4:00 am by jonathanturley
Then in 2017, when Republicans controlled the Senate, they extended the simple-majority rule change to justices, too — and when Democrats wanted the filibuster to block the High Court nominations of Neil Gorsuch, Brett Kavanaugh or Amy Coney Barrett during the Trump administration, it was gone. [read post]
10 Jan 2024, 11:14 pm by Josh Blackman
[This post is co-authored with Seth Barrett Tillman] On Friday, the Supreme Court granted certiorari in Trump v. [read post]
10 Jan 2024, 5:42 pm by Mark Graber
  Congratulations to Josh Blackman and Seth Barrett Tillman for unearthing the Louisville Daily Journal’s series of pieces claiming, contrary to what President Andrew Johnson said about his job description, that Johnson was not an officer of the United States. [read post]
10 Jan 2024, 2:48 pm by Amy Howe
Barrett cautioned against defining “testimonial” too broadly, noting that “[e]verything in an investigation is done for the purpose” of building a case against the defendant. [read post]
10 Jan 2024, 3:00 am by Jim Sedor
Elections Ohio: “Voting, Disability Rights Advocates Claim Ohio Photo Voter ID Law Violates Federal Disabilities Law” by Nick Evans for Ohio Capital Journal Ethics National: “Judges Skeptical That Trump Is Immune from Jan. 6 Prosecution” by Rachel Weiner, Spencer Hsu, Perry Stein, and Devlin Barrett (Washington Post) for MSN Florida: “Florida GOP Ousts Chairman Under Investigation for Alleged Rape” by Lori Rozsa (Washington… [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] In our view, the phrase "Officers of the United States" does not refer to the President. [read post]
9 Jan 2024, 12:36 pm by Howard Bashman
Griswold On Behalf of Professor Seth Barrett Tillman” appeared first on How Appealing. [read post]