Search for: "Barnett v. State"
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6 Oct 2023, 11:54 am
[Amicus brief in Supreme Court's Second Amendment Rahimi case] This week amicus briefs were filed in United States v. [read post]
2 Oct 2023, 1:51 am
Australians being sued for defamation may miss out on new defences depending on which state or territory law applies, prompting renewed calls for the federal government to step in to pass national defamation laws. [read post]
30 Sep 2023, 12:24 pm
See New State Ice Co v. [read post]
29 Sep 2023, 10:31 pm
United States (which I discussed here), the Supreme Court yesterday decided to hear another Takings Clause case: Sheetz v. [read post]
29 Sep 2023, 1:59 am
Barnette, 319 U.S. 524, 538 (1943)). [read post]
28 Sep 2023, 6:30 am
It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]
21 Sep 2023, 11:26 am
Virginia State Bd. of Educ. v. [read post]
24 Aug 2023, 6:00 am
Examples include: Evidence of the original meaning of the Contracts Clause and ways it might be reinvigorated through litigation Potential theories under the Citizenship Clause State constitutional anti‐monopoly and anti‐gift provisions and other causes of action unique to state law or state constitutions The Ninth Amendment Questions left open by North Carolina Dental Board and ways in which parties can use the Sherman Act to hold… [read post]
14 Aug 2023, 5:36 am
This paper is much narrower—Sunstein is really unpacking some of the conservative SCOTUS bloc’s internal debates about the MQD in Biden v. [read post]
9 Aug 2023, 4:18 am
Gobitis in 1940 only to reverse itself just a few years later in Barnette has been oft-told. [read post]
31 Jul 2023, 11:50 am
An example is Ramos v. [read post]
31 Jul 2023, 5:36 am
But as even Crowell v. [read post]
27 Jul 2023, 2:55 pm
But as even Crowell v. [read post]
25 Jul 2023, 6:56 pm
See Randy Barnett's post referencing David Hardy's article. [read post]
25 Jul 2023, 6:00 am
Barnette, 319 U.S. 624 (1943), and Hurley v. [read post]
24 Jul 2023, 9:18 am
Chevron v. [read post]
24 Jul 2023, 2:38 am
In Loper Bright Enterprises v. [read post]
20 Jul 2023, 8:55 am
In Meyer v. [read post]
12 Jul 2023, 8:05 am
Barnett & E. [read post]
8 Jul 2023, 4:33 pm
A change to venue law frees state attorneys-general from involuntary transfers of antitrust actions from their home states to distant forums handling multi-district litigation involving the same subject matter. [read post]
