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27 Apr 2018, 10:00 am
On April 17, the Supreme Court issued a 5-4 decision in Sessions v. [read post]
27 Apr 2018, 8:48 am
Writing for the majority, Kennedy, joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Neil Gorsuch denied recognizing corporate liability on the basis of the judicial restraint called for by the language, purpose, and history of the ATS. [read post]
26 Apr 2018, 7:18 pm
“Ian Samuel is Shaming Big Law — And It’s Working; The Harvard Law School lecturer and co-host of the ‘First Mondays’ podcast created a huge uproar when he tweeted that Munger, Tolles & Olson required that summer associates agree to arbitration in their employment contracts”: Vivia Chen of The American Lawyer has this report. [read post]
26 Apr 2018, 12:55 pm
Chimène Keitner assessed reports of the death of the ATS after the Jesner decision, while Samuel Moyn analyzed its implications for the human rights movement. [read post]
26 Apr 2018, 11:45 am
Mungan and Andrew Samuel (George Mason University - Antonin Scalia Law School, Faculty and Loyola University Maryland) have posted Avoidance, Errors and the Optimal Standard of Proof on SSRN. [read post]
25 Apr 2018, 8:37 pm
Marty Lederman has a very interesting post at Balkinization on national injunctions. [read post]
25 Apr 2018, 7:40 pm
From Holmes's "The Path of the Law": "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. [read post]
25 Apr 2018, 6:58 pm
Professor Samuel Veissière, a cognitive anthropologist who studies the evolution of cognition and culture, explains that the desire to watch and monitor others, but also to be seen and monitored by others, runs deep in our evolutionary past. [read post]
25 Apr 2018, 1:46 pm
Justice Elena Kagan seemed to share concerns raised by Roberts, Kennedy, and Justice Samuel Alito (and quite possibly also shared by Gorsuch and Justice Clarence Thomas) about second-guessing national security determinations made by the executive branch. [read post]
25 Apr 2018, 1:28 pm
Kennedy also led in this category, along with Justice Samuel Alito. [read post]
25 Apr 2018, 1:03 pm
Chief Justice John Roberts and Justice Samuel Alito – were clearly worried that a ruling for the challengers might entangle courts in second-guessing the president’s national-security determinations. [read post]
25 Apr 2018, 12:26 pm
Justice Samuel Alito tells him that “if you look at what was done, it does not look at all like a Muslim ban. [read post]
25 Apr 2018, 11:34 am
” It wasn’t clear whether Kagan was convinced, but other justices – most notably Chief Justice John Roberts and Justice Samuel Alito – were clearly worried that a ruling for the challengers might entangle courts in second-guessing the president’s national-security determinations. [read post]
25 Apr 2018, 11:01 am
By now, most Lawfare readers will be aware of the issues before the Supreme Court in Jesner v. [read post]
25 Apr 2018, 11:00 am
The post Productive & Positive Planning for Aging: Check Your To Do List appeared first on Samuels Yoelin Kantor LLP.. [read post]
25 Apr 2018, 10:55 am
Justice Samuel Alito and especially new Justice Neil Gorsuch announced quite radical views that augmented the more limited skepticism offered by Justice Anthony Kennedy, who penned the plurality opinion. [read post]
24 Apr 2018, 6:01 pm
That answer prompted Justice Samuel Alito to ask what appeared to be a friendlier question: What would happen if the state told the district court that it intended to go ahead and hold elections under the old maps? [read post]
24 Apr 2018, 12:09 pm
" Most of the issue is "subscription required," but Scholarly Publishing's Last Stand, by Samuel Cohen, is not paywalled and is well worth reading. [read post]
24 Apr 2018, 11:33 am
Justice Samuel Alito asked whether the statute was “so clear that it wouldn’t be necessary for us to go beyond step one of Chevron. [read post]
24 Apr 2018, 10:41 am
Coberly struggled to answer the question put to him by Justice Sonia Sotomayor, Chief Justice John Roberts, and Justices Samuel Alito, Stephen Breyer, and finally Elena Kagan: “[W]hat explanation would have sufficed? [read post]
