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14 Aug 2022, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
11 Aug 2022, 3:05 pm by Julie Kennedy
Clinic student Madeleine Denny says Politte’s parole was the most rewarding moment of the clinic for her. [read post]
11 Aug 2022, 12:53 pm by Rebecca Tushnet
A good moment to revisit the question now that there’s a renewed focus on IP and social justice/race and gender, and authorship in the context of AI. [read post]
11 Aug 2022, 10:16 am by Mitch Kowalski
Erin’s story should encourage more lawyers to view WFH/virtual practice as a viable and financially rewarding option – no matter the area of law. [read post]
10 Aug 2022, 5:01 am by Scott Roehm
Hoping to salvage a modicum of justice, the administration is smartly pursuing plea deals. [read post]
9 Aug 2022, 4:30 am by Eric Segall
Thus, it appears that in Justice Thomas' America states could have official religions (at least as a symbolic matter) and states could put giant 100 foot crosses on their government buildings.The combination of Justice Thomas' weaponizing the free exercise clause as a super charged equal protection clause while at the same time reading the establishment clause completely out of the Constitution as it applies to the states results in a Constitution that allows states to… [read post]
5 Aug 2022, 6:30 am by Guest Blogger
To be sure, there are extraordinarily important questions raised as to the allocation of authority over children’s education, an issue much under-played at the time, save in Justice Douglas’s opinion, but presented front and center, say, by lawsuits challenging the ability of Chasidic parents to deprive their children basically of any non-religious education, including assuring facility in use of the English language. [read post]
4 Aug 2022, 3:01 pm by Jacob Sapochnick
She describes her experience working for the Immigration Justice Project as being truly rewarding because of the opportunity she has helping detained immigrants on a day-to-day basis, which are some of the most underserved individuals that are most in need of translator services. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
Today’s justices make generous use of legal canons—those old principles of interpretation that come from Roman law and are often, perhaps surprisingly, shared with Islamic law.[15]After Karl Llewelyn excoriated the use of these legal canons to interpret statutes as incoherent over half a century ago, Justice Scalia and his textualist colleagues (and disciples) rehabilitated them.[16]They are now favored tools for Justices Barrett, Kavanaugh, Gorsuch, Alito,… [read post]
26 Jul 2022, 2:00 pm by Ana Popovich
Department of Justice (DOJ) recently announced two large settlements in cases that stemmed from qui tam, or whistleblower, lawsuits. [read post]
26 Jul 2022, 5:55 am by Heather Zimmerman
Most of these states intend to enforce their abortion bans through the criminal justice system. [read post]
25 Jul 2022, 12:45 pm by Gene Takagi
Finally, I would try to set up the foundation to leverage its funds and influence to be an active but humble and respectful participant in, and supporter of, convenings and collective action with an emphasis on equity, justice, and access. [read post]
25 Jul 2022, 6:42 am by Ben Vernia
On July 22, the Department of Justice announced that Oregon-based Biotronik, Inc., had agreed to pay nearly $13 million to settles two whistleblowers’ charges that the company paid kickbacks to doctors to use the company’s products. [read post]
24 Jul 2022, 9:01 pm by Austin Sarat
In this tradition, clemency rewarded rehabilitation and recognized redemption.Elizabeth Rapaport says that a redemptive approach to clemency treats “punishment…as part of a dynamic process, at least potentially of transformation. [read post]
21 Jul 2022, 9:10 am by jonathanturley
While Sheppard acknowledges that some will object that “To the many people who are angry at the Court, buyouts might seem like rewards for bad behavior. [read post]
20 Jul 2022, 12:00 pm by Benjamin Wittes
The Justice Department brings criminal cases. [read post]
20 Jul 2022, 6:12 am by Rohini Kurup, Jonathan Shaub
The failure to prosecute Meadows and Scavino rewards the former advisers’ disregard for the committee and its mission. [read post]
19 Jul 2022, 6:30 am by Guest Blogger
  Sports officiators don’t undertake originalist interpretation, he observes, and neither should our justices. [read post]