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2 Nov 2010, 11:59 am
(John Elwood) A lot of ink has been spilled over the years about how much the Free Exercise Clause should keep courts from addressing employment disputes between houses of worship and clergy. [read post]
1 Nov 2010, 12:17 pm
(John Elwood) Of last week’s eight relists (discussed here), two were denied today: Stroud v. [read post]
25 Oct 2010, 9:09 pm
Elwood John Walzer steals. [read post]
18 Oct 2010, 8:24 am
(John Elwood) I’m confident that this is only a partial list of cases the Court has relisted. [read post]
17 Oct 2010, 9:12 am
(John Elwood) Or so reports the Associated Press (available in the Washington Post). [read post]
12 Oct 2010, 1:53 pm
Instead, the discussion was on (1) whether the state court's order was a disposition on the merits at all, as opposed to on procedural default; and (2) the merits of the ineffective assistance claim, with lots of fact-intense discussion about blood pools and high velocity spatter.It appears possible that the Supreme Court could just go straight to the merits of the underlying claim and say there was effective assistance or no prejudice and leave all the other questions for another day in… [read post]
8 Oct 2010, 12:54 pm
John P. [read post]
7 Oct 2010, 8:59 pm
(John Elwood) In other Executive-Legislative relations news, today the White House announced that President Obama was using the second “pocket veto” of his presidency to disapprove H.R. 3808, the “foreclosure documents” bill. [read post]
7 Oct 2010, 8:23 pm
(John Elwood) In my efforts to bore readers into submission, I’ve blogged a fair amount here about presidential use of “constitutional signing statements. [read post]
1 Oct 2010, 9:23 am
With the Court’s new Term scheduled to start next week, John Elwood at The Volokh Conspiracy provides a highly entertaining and detailed look at last Term, explaining that “[a]s a matter of principle, I feel like we can’t start the new Term until we have wrung whatever comedic value we can from the old. [read post]
30 Sep 2010, 9:42 pm
Elwood has posted this article online. [read post]
30 Sep 2010, 3:44 pm
(John Elwood) As some of you know, for a few years (with a big hiatus when I was in the gummint) I have done semi-humorous and often factual Supreme Court Term-end wrap-ups. [read post]
28 Sep 2010, 1:34 pm
(John Elwood) In late June, I posted on the Supreme Court’s recent decision in Morrison v. [read post]
21 Jul 2010, 12:14 pm
(John Elwood) Another member of the Obama Administration’s “beachhead team” is leaving OLC. [read post]
6 Jul 2010, 9:50 pm
(John Elwood) So the New York Times is reporting that President Obama will recess appoint Dr. [read post]
28 Jun 2010, 12:25 pm
For additional commentary, see John Elwood’s comment below. [read post]
28 Jun 2010, 9:31 am
(John Elwood) I have long thought that if the Court invalidated any provision of Sarbanes-Oxley in Free Enterprise Fund v. [read post]
28 Jun 2010, 8:47 am
I agree with John's comments there. [read post]
25 Jun 2010, 7:44 pm
As John Elwood has pointed out over at the Volokh Conspiracy, it “may be that the Court simply decides to grant, vacate, and remand [the BATCO case] in light of [the Morrison] decision. [read post]
25 Jun 2010, 7:54 am
(John Elwood) The “Honest Services” fraud cases are getting all the attention. [read post]
