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17 Jul 2024, 9:46 am by Josh Blackman
., 580 U.S. 288, 315 (2017) (Thomas, J., concurring) ("Although we did not explicitly overrule Morrison in Edmond, it is difficult to see how Morrison's nebulous approach survived our opinion in Edmond. [read post]
7 Nov 2009, 11:51 pm
Scalia and Thomas dissented in both Roper and Kennedy. [read post]
27 Dec 2022, 3:26 pm by Eugene Volokh
As Justice [Brennan] stated …, we recognize "that respect for the individual which is the lifeblood of the law. [read post]
12 Aug 2013, 8:18 am by Ronald Collins and David Skover
Burchfield), and the Thomas Jefferson Center for the Protection of Free Expression (Joshua Wheeler). [read post]
9 May 2024, 2:41 pm by Ilya Somin
Justice Brennan's opinion for the Court broadly held that due process did not require a pre-forfeiture-hearing remission procedure in the first place…. [read post]
10 Sep 2012, 3:57 am by Prof. Akhil Reed Amar, guest-blogging
My book also features a slashing constitutional critique of the exclusionary rule, placing my views in line with — actually to the right of — Chief Justice Roberts and Justices Scalia, Thomas Alito, and opposed to the views typically championed by Justices Ginsburg and Breyer (and before them, Justices Stevens, Souter, Brennan, Marshall, et al.). [read post]
6 Jan 2024, 6:00 am by Meghan Conroy
Trump’s Authoritarian Presidency”Expert Statement *Sam Bernard (PhD Student, University of Sussex)“An overview of Reddit and r/The_Donald and their use by supporters of former President Trump”Expert Statement Bright Line WatchJohn Carey (John Wentworth Professor in the Social Sciences, Dartmouth College), Gretchen Helmke (Thomas H. [read post]
10 May 2013, 1:35 pm by Ronald Collins
Douglas, Arthur Goldberg, and William Brennan – no longer exist on the Court? [read post]
20 Feb 2019, 10:32 am by admin
However, Justice Thomas’s dissent argued that the majority’s broad deference to legislative judgment was to “effectively to delete the words ‘for public use’ from the Takings Clause of the Fifth Amendment. [read post]
3 Jun 2020, 8:15 am by John Elwood
The court denied review, but Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented to say that the court’s recent First Amendment jurisprudence has undercut the legal basis for upholding mandatory bar membership. [read post]
10 Jul 2009, 12:46 am
IP litigation co-chair Dirk Thomas, partner Robert Auchter and of counsel Jeffrey Frey join 120-lawyer McKool as partners. [read post]
8 Mar 2019, 10:46 am by David Greene
This history also attains greater relevance in light of Justice Thomas’s recent troubling call for the U.S. [read post]
26 Jun 2017, 10:33 am by Eugene Volokh
Gorsuch and Clarence Thomas would have said, basically, “almost always no. [read post]
8 Jun 2016, 6:15 am by Marty Lederman
The remainder of this post is derived from the public record and from the memos available in the Blackmun and Brennan papers. [read post]