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These questions are either unanswered or under-analyzed, and there does not appear to be a consensus about how to go forward. [read post]
25 Jun 2008, 9:10 pm
That section concerns Justice Scalia's response to the dissenting justices about the application of Crawford v. [read post]
22 Mar 2012, 7:33 am
In its unanimous decision yesterday in Sackett v. [read post]
17 Oct 2017, 8:06 am by Bill
What does "unusual" mean? [read post]
21 Jun 2013, 11:38 am by Jared Klaus
“[T]he fact that it is not worth the expense involved in proving a statutory remedy,” Justice Scalia noted, “does not constitute the elimination of the right to pursue that remedy. [read post]
2 Mar 2010, 7:36 am by Erin Miller
  Justice Scalia writes for the majority, while Justice Alito dissents, joined by Justice Thomas. [read post]
25 Apr 2018, 11:58 am by Josh Blackman
(Recall that Kennedy joined Justice Antonin Scalia’s dissent in McCreary County.) [read post]
6 Oct 2010, 8:41 am by Lior Strahilevitz
  As I explained in that post, it does not appear that Justice Scalia has more than two or three votes for his view. [read post]
5 Dec 2007, 8:40 am
Waxman couldn't do it but there are two reasons why this seems not so damning: 1) As to the U.S., even in Johnson v. [read post]
25 Oct 2010, 7:16 am by David Oscar Markus
As if that weren’t enough to breed corruption, Thomas was the only justice — in a rare case of detaching his hip from Antonin Scalia’s — to write a separate opinion calling for an end to donor disclosures.In Bush v. [read post]
19 Jun 2024, 8:55 am by Lawrence Solum
Some, like Justice Scalia for the Court in District of Columbia v. [read post]
16 May 2014, 1:30 pm by Stephen Wermiel
 That office does receive suggestions for error correction from readers of Court opinions. [read post]
17 Apr 2009, 2:42 pm
Ken Warren, in his comments, mentions Justice Scalia's questionable textualism and Originalism in Domino's Pizza v. [read post]
28 May 2008, 5:40 am
The staute does, however, prohibit retaliation in the private sector.In the 6-3 ruling, Chief Justice Roberts, and Justices Scalia and Thomas dissented. [read post]
1 Jul 2015, 9:01 pm by Sherry F. Colb
” Justice Scalia spoke at length about this standard in his dissent from the denial of certiorari in the case of Ada v. [read post]