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3 May 2013, 3:57 am by Steve Vladeck
And lest there be any doubt on the subject, the Supreme Court has long understood this very point… As Chief Justice Roberts explained for the Court two years ago in Stern v. [read post]
18 Mar 2013, 6:30 am by Benjamin Wittes
It is in this atmosphere that the idea of a national security court as a solution to the problem — an idea that for a long time existed only on the margins of the debate about U.S. counterterrorism policy but is now entertained by more mainstream thinkers such as Senator Diane Feinstein and a man I respect greatly, my former client Robert Gates – has gained momentum. [read post]
4 Mar 2013, 5:35 am by David Garcia and Leo Caseria
  Justice Ginsburg then questioned whether cost-sharing between a group of claimants would make any difference:  “[I]f I have six friends who bring individual arbitrations, that’s not nearly enough. [read post]
13 Jan 2013, 6:14 am
While public attendees will have the opportunity to provide their individual input, group consensus advice will not be sought. [read post]
11 Nov 2012, 11:18 pm by Kevin LaCroix
I am pleased to publish below a guest post written by Robert F. [read post]
9 Jul 2012, 6:15 am by Rebecca Tushnet
”  Robert Post would say that individualized communications aren’t even commercial speech in terms of the constitutional protection they should get—but they sure seem like promotion, even if one then applies an extra magnitude test as with the Gordon & Breach “disseminated sufficiently to the relevant consumers” standard.) [read post]
9 Jul 2012, 6:15 am by Rebecca Tushnet
”  Robert Post would say that individualized communications aren’t even commercial speech in terms of the constitutional protection they should get—but they sure seem like promotion, even if one then applies an extra magnitude test as with the Gordon & Breach “disseminated sufficiently to the relevant consumers” standard.) [read post]
4 Jul 2012, 5:00 am by Steve McConnell
Then there would be a heartfelt holiday greeting at the end. [read post]
28 Jun 2012, 8:41 am by Lawrence Solum
And Roberts relies on the activity/inactivity distinction: The individual mandate, however, does not regulate existing commercial activity. [read post]
5 Jun 2012, 9:33 pm by Orin Kerr
Roberts, 323 F.3d 950, 955 (11th Cir. 2003). [read post]