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7 Mar 2023, 6:30 am by Guest Blogger
  If this seems too bleak a view of the Court, consider that this is exactly what the Court did in Vega v. [read post]
6 Mar 2023, 3:59 pm
    This morning, the Supreme Court denied certiorari in Shields v. [read post]
3 Mar 2023, 9:30 pm by ernst
" Also at Balkinization: posts have started going up for the symposium on Joanna Schwartz's new book Shielded: How the Police Became Untouchable (Viking, 2023). [read post]
3 Mar 2023, 6:30 am by Guest Blogger
  To take one example, at the time that the Court decided the leading qualified immunity case of Harlow v. [read post]
1 Mar 2023, 6:30 am by Guest Blogger
On the doctrinal front, she addresses civil procedure (i.e., the plausibility requirement for complaints under Iqbal v. [read post]
27 Feb 2023, 8:04 am by Nick Austin and Sofia Papaspyropoulou
Contractual interpretation The Court first set out to construe Clause 11 of the Charterparty by applying the following usual principles of construction: (a) Its meaning was to be assessed in the light of (i) its natural and ordinary meaning, (ii) any other relevant provisions of the contract, (iii) the overall purpose of the clause and the contract, (iv) the facts and circumstances known or assumed by the parties at the time that the contract was made, and (v) commercial common sense… [read post]
27 Feb 2023, 4:15 am by Robert Botkin
On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v. [read post]
27 Feb 2023, 4:15 am by Robert Botkin
On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v. [read post]
26 Feb 2023, 9:01 pm by renholding
Although these proposals have been around for some time, recent contentious election cycles, debate over hot-button issues, including the Supreme Court’s 2022 decision in Dobbs v. [read post]