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27 Jun 2018, 8:26 am by William Hibbitts
Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning, and for this reason, one of our landmark free speech cases [West Virginia State Board of Education v. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Over at the Volokh Conspiracy, my colleague Randy Barnett, who's representing the private plaintiffs in the ACA case, has written a post focusing upon Justice Kennedy's expressed concern that in order for the Court to uphold section 5000A of the ACA, it might have to issue what Randy calls an "unbounded" opinion, one that would permit Congress to require the purchase of virtually any product--an outcome that Justice Kennedy fears would “change the relationship of… [read post]
25 Jan 2007, 2:46 pm
  The Federal Circuit held that Hydril stated a "Walker Process fraud" claim under Walker Process Equipment Co. v. [read post]
28 Sep 2023, 6:30 am by Guest Blogger
It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]
Parrish (upholding minimum wage legislation) and Barnett v. [read post]
3 Aug 2016, 9:01 pm by Marci A. Hamilton
 “The Jehovah’s Witnesses also are responsible for the landmark opinion in West Virginia State Bd of Educ v. [read post]
20 Jun 2013, 9:15 am by Howard Wasserman
SCOTUS today decided Agency for Int'l Development v. [read post]
26 Nov 2006, 2:43 pm
Barnett, who will argue on behalf of the United States as amicus in support of the petitioners. [read post]
6 Jun 2018, 9:01 pm by Marci A. Hamilton
The United States Supreme Court predictably handed down the Masterpiece Cakeshop v. [read post]
25 Aug 2007, 9:47 am
Barry Barnett Blawgletter loves the seventh amendment. [read post]
25 Nov 2023, 9:26 am by Mavrick Law Firm
  Concerning this often raised defense, the United States Court of Appeals for the Eleventh Circuit, in Woods v. [read post]
29 Feb 2008, 12:53 pm
"Justice Curtis, offered the following interpretation in his dissent in Dred Scott v. [read post]
17 Oct 2007, 12:31 am
  Thomas Barnett has stated that "the antitrust laws are enforced to protect consumers by protecting competition, and not competitors. [read post]
11 Feb 2013, 2:22 pm by Doug Kendall
One of the glaring things revealed by a review of the briefs in Shelby County v. [read post]