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Against Incommensurability in the Prop 12 Case and Beyond
19 May 2023, 4:00 am by Michael C. Dorf
Only Justices Thomas and Barrett fully agreed with him on that point. [read post]
Dorf on Law - http://www.dorfonlaw.org/
SCOTUS Endorses Animal Welfare
18 May 2023, 9:01 pm by Michael C. Dorf
Last week, in National Pork Producers Council (NPPC) v. [read post]
Verdict - http://verdict.justia.com/
[David Post] Another Voting Paradox Case (Pork Division)
16 May 2023, 8:53 am by David Post
After NPCC v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Offices and Officers of the Constitution, Part IV: The "Office . . . Under the United States" Drafting Convention
15 May 2023, 5:30 am by Josh Blackman
”] [This post is co-authored with Seth Barrett Tillman.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
Tillman & Blackman on "Office . . . under the United States"
15 May 2023, 3:55 am by Lawrence Solum
Section V reviews an anti-bribery statute enacted by the first Congress. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
[Josh Blackman] How Did Justice Gorsuch Lose A Majority In National Pork Producers?
12 May 2023, 2:54 pm by Josh Blackman
S. 267, 279 (1978), and "try novel social and economic experiments" if they wish, New State Ice Co. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Court upholds California animal-welfare law
11 May 2023, 11:35 am by Amy Howe
The challengers had also made a second argument: Under the Supreme Court’s 1970 decision in Pike v. [read post]
SCOTUSblog - http://www.scotusblog.com/
If you're conversant with negative Commerce Clause doctrine — AKA the "dormant" Commerce Clause — then you know why the Supreme Court split the way it did.
11 May 2023, 9:23 am
The case that came out this morning is National Pork Producers Council v. [read post]
Althouse - https://althouse.blogspot.com
[Jonathan H. Adler] SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)
11 May 2023, 9:07 am by Jonathan H. Adler
BARRETT, J., filed an opinion concurring in part. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Tillman & Blackman on Offices and Officers in the United States Constitution
11 May 2023, 8:55 am by Lawrence Solum
Section V analyzes the Oath or Affirmation Clause, which suggests that Senators and Representatives, as well as the President, are not “Officers of the United States. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
[Stephen Halbrook] Supreme Court Roundup: The Supreme Court Should Review and Enjoin the Illinois Gun Ban
10 May 2023, 7:48 pm by Stephen Halbrook
  As they note, there were only six states with bans last year when New York State Rifle & Pistol Ass'n v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Offices and Officers of the Constitution, Part III: The Appointments, Impeachment, Commissions, and Oath or Affirmation Clauses
10 May 2023, 5:00 am by Josh Blackman
”] [This post is co-authored with Seth Barrett Tillman.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
Seeking documents or information pursuant to New York State's Freedom of Information Law
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Seeking documents or information pursuant to New York State's Freedom of Information Law
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Legal Theory Lexicon: Originalism
7 May 2023, 6:00 am by Lawrence Solum
The current Supreme Court has at least three members who seem strongly influenced by originalist constitutional theory--Associate Justices Amy Coney Barrett, Neil Gorsuch, and Clarence Thomas. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
[Josh Blackman] Jeff Rosen and Joan Biskupic Talk About Supreme Court Leaks
5 May 2023, 1:42 pm by Josh Blackman
At least following Bush v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Political Polarization, Legal Education, and a Few Modest but Serious Proposals
4 May 2023, 4:00 am by Eric Segall
 By Eric SegallTwenty years ago, Justice Sandra Day O'Connor wrote the following in Grutter v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
[Josh Blackman] Scalia Speaks about Clinton v. Jones in the JPS Papers
3 May 2023, 1:45 pm by Josh Blackman
Youngstown and United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Justice Barrett Gives Illinois Officials Until Monday to Respond to Challenge of “Assault Weapons” Ban
3 May 2023, 3:58 am by jonathanturley
Heller (2008)…and New York State Rifle & Pistol Association v. [read post]
Jonathan Turley - https://jonathanturley.org/
How Did Six Conservative Catholics Become Supreme Court Justices Together?
2 May 2023, 9:01 pm by Marci A. Hamilton and Leslie C. Griffin
Wade in Dobbs v. [read post]
Verdict - http://verdict.justia.com/