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21 Jun 2018, 7:58 am by Jonathan H. Adler
(This matters because at the time of Lucia's case before the SEC, the ALJs had not been appointed in a manner consistent with that clause.) [read post]
7 Jun 2013, 6:00 am by Will Baude
  But it was argued in October, and the Court usually has all of its October opinions out long before June, no matter how controversial they are. [read post]
2 Jun 2008, 1:07 pm
OK, if you insist, Deborah, a few predictions ... with the caveat that my track record on these matters has been decidedly mixed of late. [read post]
6 Apr 2017, 8:34 am by The Federalist Society
Justice Kennedy’s majority opinion was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. [read post]
20 Apr 2016, 11:26 am by The Federalist Society
Justice Kennedy’s majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Alito, Sotomayor, and Kagan. [read post]
29 Apr 2018, 7:17 am by Brooke
Lynn Hunt's History: Why it Matters is reviewed at the Los Angeles Review of Books. [read post]
28 Oct 2017, 9:22 am by Sandy Levinson
 THE LIVES OF NON-AMERICANS OFTEN SEEM TO MATTER VERY LITTLE TO US POLICY MAKERS, INCLUDING, OF COURSE, THOSE WHO ARE THREATENING WAR WITH NORTH KOREA AND THE ALMOST CERTAIN "COLLATERAL CONSEQUENCES" FOR OUR PUTATIVE ALLIES IN SOUTH KOREA WHO SEEM TO BE PLAYING NO REAL ROLE IN THE SABER RATTLING.] [read post]
26 Jun 2013, 1:56 pm by Howard Friedman
Are these questions to be answered as a matter of federal common law, or perhaps by borrowing a State’s choice-of-law rules? [read post]
18 Sep 2012, 8:20 am by Matt Brown
As Paul Kennedy at The Defense Rests pointed out earlier this year, however, it is sometimes tough to figure out if its author, Murray Newman, remembers that he is a defense lawyer and not a prosecutor. [read post]
28 Apr 2022, 8:55 am by Lawrence Solum
Simply as a matter of language, the referent of “this Constitution” is not at all unclear. [read post]
3 Apr 2007, 3:00 am
Perhaps a longer view will reveal the context that matters so much in Establishment Clause cases: [read post]
17 May 2010, 6:01 am by Ted Frank
[Infidels; DeLong; Newsweek; Media Matters spin (via Playbook)]. [read post]
30 Jul 2014, 10:52 am
In cases challenging state definitions of marriage, he notes, the appropriate sovereign is simply regulating a matter it has always regulated. [read post]
4 Mar 2015, 3:32 pm
 Here are just some of the concerns raised by employing this doctrine now to save the IRS regulation. 1) As a threshold matter, this constitutional concern seems misplaced in the case that is before the Court. [read post]