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2 Mar 2018, 9:11 am by Guest Blogger
Stanley Fish This brief essay was delivered as a response to a paper co-written by Justice Thomas R. [read post]
3 Feb 2008, 10:20 pm
Opposition to MDPs The strongest and most persuasive argument against the MDP is that the American Bar Association (or ABA) opposes it, voting overwhelmingly against them in their last meeting addressing the matter. [read post]
11 Aug 2014, 11:32 pm by Nietzer
” [emphasis in original text] In recent remarks, Thomas C. [read post]
4 Jan 2016, 6:15 am by MBettman
Supreme Court which reversed, in a unanimous decision written by Justice Alito, in which Justice Scalia, joined by Justice Ginsburg, concurred in judgment only, and Justice Thomas wrote a solo separate concurrence in judgment only. [read post]
27 Jun 2022, 4:00 am by Eric Segall
This observation as a descriptive matter is demonstrably false and as a normative matter impossible to implement (at least in this country). [read post]
2 Jul 2019, 5:38 am by John Mikhail
  By judicial fiat, certain subject matters -- manufacturing, agriculture and employer-employee relations -- were put beyond the reach of national authority. [read post]
18 May 2022, 8:30 am by Guest Blogger
What matters is the words, not those who wrote them. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
According to Professor Fritz, Madison differentiated between “the ordinary right of state legislatures to sound the alarm for perceived constitutional overreaching,” and “an ultimate interposition retained by the parties to the constitutional compact as a matter of theoretical principle. [read post]
24 Jul 2019, 11:13 am by Helen Alvare
Four justices — Thomas, Alito, Gorsuch and Kavanaugh, but not Roberts — would have denied the application for a stay. [read post]
17 May 2010, 7:52 pm by Jeff Gamso
  As a practical matter, Scalia is right that a punishment is cruel and unusual, at any moment merely because of the happenstance that five members of the Court happen to find sufficiently offensive to prohibit. [read post]
17 Nov 2016, 7:54 am by Victoria Kwan
Ginsburg, who came under fire earlier this year for criticizing Trump in interviews, replied matter-of-factly: “There is an existing vacancy, and President Trump will fill it. [read post]
20 Jun 2016, 12:29 pm by Mark Walsh
After that complex matter, we’re ready for something a bit easier to handle. [read post]
19 Jul 2022, 12:11 pm by Goldberg Jones
Complicating matters, he also serves as a father figure to his own band of survivors. [read post]
9 Oct 2008, 12:37 am
It doesn’t matter who replaces Justices Stevens, should he retire. [read post]
26 May 2022, 8:45 am by John Elwood
(relisted after the April 14, April 22, April 29, May 12 and May 19 conferences) Thomas v. [read post]