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Justice Kennedy’s opinion—which announced the judgment of the Court and which was joined in full by the Chief Justice and Justice Alito and in part by Justices Scalia and Thomas—was to us quite surprising and disappointing. [read post]
22 May 2014, 7:44 am by Bruce Ackerman
 We all know Justice Thomas’ answer – but he is an extremist on the issue. [read post]
22 May 2014, 4:00 am by Administrator
(c) Increase in the Number of Recusals It has been argued that judicial fundraising has the undesired potential of contributing to an excessive number of recusals.[105] This is problematic since regular disqualifications impose a cost on both the justice system and the public.[106] This is because such involvement “Will often necessitate the disqualification of a judge in a matter they have been involved with or have familiarly with due to their extrajudicial activities”.[107] Justice… [read post]
20 May 2014, 6:08 am by Bruce Ackerman
(For a recent reevaluation, see Thomas Colby's essay in Northwestern Law Review.)Taken in their own terms, the coercive Article Five exchange between Congress and the states does not establish the constitutional "quality" of the Fourteenth Amendment. [read post]
20 May 2014, 4:39 am by Amy Howe
” In The New York Review of Books, Cass Sunstein reviews Six Amendments, the new book by retired Justice John Paul Stevens. [read post]
18 May 2014, 12:17 pm by Mary L. Dudziak
Young, eds., Bombing Civilians: ATwentieth-Century History Thomas W. [read post]
16 May 2014, 2:12 pm by Francisco Macías
” After nearly a year, Senior Judge Paul John McCormick for the U.S. [read post]
14 May 2014, 7:40 am by Lucie Olejnikova
John Meringolo Team Members: Arthur Muller, Mike Andreani, Nicole Gard, Alexandra Ashmont John L. [read post]
6 May 2014, 8:48 am
Here is more information.The first textbook definition of the concept of poetic justice goes back to Thomas Rymer’s The Tragedies of the Last Age Consider’d (1678). [read post]
5 May 2014, 9:05 am by Lyle Denniston
  His plurality opinion was joined by Chief Justice John G. [read post]
2 May 2014, 11:48 am by Orly Lobel
   Uri Gneezy & John List, The Why Axis: Hidden Motives and the Undiscovered Economics of Everyday Life. [read post]
2 May 2014, 4:30 am by Karen Tani
The American Academy of Arts & Sciences has elected this year's new members, and they include John Fabian Witt (Yale Law School) and Peter S. [read post]
1 May 2014, 8:00 am by Dan Ernst
We noted earlier that my Georgetown Law colleague John Mikhail would be posting over at Balkinization on his ongoing research on the necessary and proper clause. [read post]