Search for: "JOHN W. PERSON, JR."
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5 Aug 2022, 6:30 am
It is foolhardy to deny the continued relevance of W. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s environmental… [read post]
27 Jul 2022, 10:35 am
Energized by a “new and expansive conception of the social” (148) that would find its consummate expression in the pragmatic philosophy of William James and John Dewey, the administrative state opened up vistas of the “radical potentialities of progressive social democracy” that we have “only begun to uncover” (24). [read post]
5 Jul 2022, 9:00 pm
The Court granted certiorari in Dobbs on the question of “[w]hether all pre-viability prohibitions on elective abortions are unconstitutional”—and then, as Chief Justice John Roberts noted in his concurrence, elected to overrule Roe and Casey.In his opinion for the Court, Justice Alito reasoned that “the Constitution makes no mention of abortion,” no right to abortion is “implicitly protected by any constitutional provision,” and,… [read post]
30 Jun 2022, 4:48 am
Timothy W. [read post]
24 Jun 2022, 6:30 am
” Perhaps one difference between being an academic and being an actual judge or playing any other role that requires adjudication of competing positions, is that I am content, by and large, to note why two reasonable persons committed to playing the “legal game” and engaging in what I’m inclined to use “law talk” can end up believing altogether sincerely in two conflicting positions. [read post]
19 Jun 2022, 7:43 am
Darity Jr. and A. [read post]
16 Jun 2022, 9:05 pm
The SEC explained: [W]e believe that NEPA requires and authorizes the Commission to consider the promotion of environmental protection along with other considerations in determining whether to require affirmative disclosures by registrants under the Securities Act and the Securities and Exchange Act . . . . [read post]
14 Jun 2022, 6:30 am
I often quote what I call “Roche’s dictum,” which I heard John P. [read post]
7 Jun 2022, 10:32 am
The argument that Congress in 1872 had prospectively shielded Cawthorn from a Section 3 challenge lodged 150 years later—a tortured, ahistorical, purportedly textualist argument—had been advanced by Cawthorn’s lawyer, veteran Republican elections attorney James Bopp, Jr. [read post]
2 Jun 2022, 4:03 am
A federal judge said yesterday that John W. [read post]
24 May 2022, 6:30 am
It is now named after Jane Stanford, the wife of Leland Stanford (and the mother of Leland Stanford, Jr., the actual honoree of his father’s decision to create Leland Stanford Jr. [read post]
22 May 2022, 9:01 pm
Roberts Jr. in 2005. [read post]
14 May 2022, 12:28 pm
No details of the review were shared, but Reighard has a long personal and professional relationship with Geddert. [read post]
4 May 2022, 10:27 am
Singel and Attorney Kaighn Smith, Jr. [read post]
4 May 2022, 5:01 am
MacCracken, Jr., a lawyer and former assistant secretary of commerce for aeronautics (the U.S. [read post]
3 May 2022, 6:30 am
The eighteen-year term idea is almost completely a function of the fact that we have a nine-person apex court. [read post]
29 Apr 2022, 12:06 pm
Wallace Jr., Chair of the Redistricting Commission. [read post]
3 Apr 2022, 9:30 pm
Graves, Jr., had contested the racial identity of Orsel and Minnie McGhee, the two defendants in Sipes v. [read post]
24 Mar 2022, 6:01 am
But the new Constitution—the Constitution not of the Founding Fathers but of Lincoln, Frederick Douglass and Martin Luther King Jr. [read post]
