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15 Apr 2024, 3:38 pm by Amy Howe
” Justice Brett Kavanaugh wrote his own 13-page concurring opinion, joined by Justice Amy Coney Barrett, in which he focused on how the court should deal with emergency applications in cases – like this one – involving efforts to block enforcement of a new state or federal law. [read post]
10 Jul 2023, 7:19 am by Stephanie Schmidt (US)
However, the majority’s reasoning was challenged by Justice Sotomayor, who was joined by Chief Justice Roberts and Justices Kagan and Barrett in a concurrence. [read post]
13 Dec 2021, 3:38 pm by Josh Blackman
  How do Justices Kavanaugh and Barrett address these arguments? [read post]
7 Jun 2021, 3:22 am by Marcia Coyle
The views of the newest justices—Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—are untested. [read post]
28 Jun 2024, 10:44 am by Guest Author
  Justice Gorsuch (joined by Thomas, Alito, Barrett, and Jackson) invoked the canon of ejusdem generis in finding that the section of the bankruptcy code that lists the provisions required for or allowed in a bankruptcy plan could not have contemplated broad releases involving non-debtors and non-parties in allowing for “any other appropriate provision not inconsistent with the applicable provisions of this title. [read post]
24 Oct 2020, 8:26 am by Anna Salvatore, Tia Sewell
And Bryce Klehm and Rohini Kurup announced that Lawfare is now accepting spring internship applications through the Brookings Institution. [read post]
13 Sep 2023, 6:30 am by ernst
Griffin was an applicant in a collateral challenge; he sought to use Section 3 as a sword, that is, offensively as a cause of action supporting affirmative relief, but he could not do so without enforcement legislation. [read post]
7 Mar 2022, 4:30 am by Michael C. Dorf
She's right that prior SCOTUS cases don't exactly establish such a power of an appeals court over district courts, but the notion that appeals courts can't harmonize procedure in the district courts they oversee (so long as they do so consistently with applicable rules and precedents) is quite radical. [read post]
30 Jun 2022, 4:00 am by Michael C. Dorf
Justice Thomas writes for himself and Justices Alito, Gorsuch, and Barrett. [read post]
26 Jun 2023, 4:30 am by Michael C. Dorf
Justice Gorsuch wrote a concurrence in the judgment for himself and Justices Thomas and Barrett. [read post]
23 Mar 2020, 7:08 am by Thomas Key
In chapter 4, Jonathan Barrett offers that a recognition of the heterogeneity of art on the part of intellectual property law could afford greater coherence between the two regimes. [read post]
14 Aug 2021, 3:06 pm by Mark Graber
  Justice Amy Coney Barrett, who I fear has a book of similar quality forthcoming, might consider joining Justice Breyer. [read post]
6 Mar 2024, 6:20 am by David Super
       If we cannot bear the thought of states reaching inconsistent applications of federal law, perhaps the Court should overturn Testa v. [read post]
15 Oct 2019, 5:27 pm by Antoinette F. Konski
There, the Federal Circuit held the application of IPRs to a pre-AIA patent is constitutional. [read post]
8 Dec 2021, 5:00 am by Eric Segall
One could read this text 1000 times but there is no clear answer and its applicability outside the militia context must be determined by judges employing other methods of constitutional interpretation, such as recourse to history, policy, federalism, and  personal values and experiences. [read post]
10 Aug 2017, 3:41 pm
| the EU IPO Observatory study finds trade secrets rule the roost over patents in Europe | Mock (culinary) trial at INTA 2017 | Weetabix in New Zealand Customs dispute over local rival Weet-bix Never Too Late 155 [week ending Sunday 9 July] First application of the parody exception in Canadian law - long live Deckmyn! [read post]
12 Jan 2021, 10:19 am by Coleman Saunders
Oral arguments opened with Jonathan Freiman, arguing for Germany, invoking the legislative history of the expropriation exception to the FSIA to argue for its limited application. [read post]
29 Jun 2023, 9:31 am by Amy Howe
” Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett joined the Roberts opinion. [read post]