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27 Jun 2022, 2:05 pm
Heller, Justice Antonin Scalia read the Second Amendment backward, and in McDonald, Alito stopped reading the text mid-sentence. [read post]
6 Sep 2019, 10:00 am
In an opinion that he later came to regret, Justice Antonin Scalia held that deference was the norm, so that the latest interpretation of a disputed position trumped all prior ones. [read post]
10 Aug 2022, 3:02 pm
While textualism is often seen as closely associated with originalism, with both being championed by conservative judges such as the late Antonin Scalia, many legal scholars clearly differentiate between the two, and have a favorable opinion of one, but not the other. [read post]
13 Jun 2008, 8:10 am
Justice Antonin Scalia read part of his bitter dissent from the bench, calling the decision "devastating. [read post]
20 Jul 2017, 9:30 pm
WHAT WE’RE READING THIS WEEK In an article for the online supplement to the University of Pennsylvania Law Review, Caroline Cecot, a Legal Fellow at the Institute for Policy Integrity and affiliate faculty at Antonin Scalia Law School, George Mason University, and Michael A. [read post]
24 Mar 2015, 9:01 pm
Indeed, even very conservative jurists—like Justices Clarence Thomas and Antonin Scalia—have decisively and repeatedly reaffirmed that there will be no return to the Lochner era. [read post]
15 Apr 2019, 8:33 am
Department of Health & Human Services (which only Justice Antonin Scalia joined). [read post]
13 Oct 2022, 6:28 am
Justice Clarence Thomas has repeatedly criticized the Feres doctrine — like Justice Antonin Scalia before him — so it’s likely that he is taking a close look at this case and may once again urge his colleagues to overrule the case that is the doctrine’s fountainhead. [read post]
13 Jul 2023, 9:16 pm
WHAT WE’RE READING THIS WEEK In a Cato Institute report, Jennifer Huddleston, Technology Policy Research Fellow at Cato and an adjunct professor at the Antonin Scalia Law School at George Mason University, argued that well-intentioned regulations crafted to keep minors safe online may cause more harm than good. [read post]
9 Mar 2022, 9:05 pm
And as then Professor Antonin Scalia observed, allowing public input to shape agency policy perhaps reestablishes, however imperfectly, some of the political accountability that is lost when Congress delegates away its policymaking powers. [read post]
9 Sep 2014, 9:01 pm
The best that can be said about Judge Feldman’s gross error is that Justice Antonin Scalia made the same blunder long before he did. [read post]
11 Dec 2014, 8:57 am
Instead, this led to a tangent on whether the district judge had entered a judgment on the dismissal of Gelboim’s claims, with Waxman sparring with Justice Antonin Scalia and Ginsburg over what the district court did and what the Second Circuit meant in saying “a final order has not been issued by the district court as contemplated by 28 U.S.C. [read post]
30 Jun 2017, 9:03 am
The 11th edition features new coverage of events that have dominated the headlines, such as the battle to fill Justice Antonin Scalia’s seat and the landmark decision for marriage equality in Obergefell v. [read post]
8 Aug 2011, 1:37 pm
Justice Clarence Thomas, joined by Justice Antonin Scalia, dissented from the Court’s decision to deny review of Alderman’s case. [read post]
10 Jan 2011, 7:18 am
Perhaps the most significant development noted on the Court’s orders list was the dissent by Justice Clarence Thomas, joined in all important respects by Justice Antonin Scalia. [read post]
10 Oct 2019, 12:37 pm
They note that even Justice Antonin Scalia, who was generally skeptical of the discovery rule, endorsed it for actions sounding in fraud. [read post]
6 Sep 2017, 3:23 pm
Vanderbilt Law Professor Brian Fitzpatrick, who clerked for Reagan appointee Dairmuid O’Scannlain on the 9th Circuit and for conservative Supreme Court Justice Antonin Scalia, has published a paper entitled “Do Class Actions Deter Wrongdoing? [read post]
4 Jun 2018, 5:29 pm
There is, happily, at least of whiff of displeasure in Kennedy’s opinion of one of the late Justice Antonin Scalia’s worst opinions, 1990’s Employment Division, Department of Human Resources of Oregon v. [read post]
24 Feb 2016, 1:21 pm
With Supreme Court Justice Antonin Scalia’s recent passing, it is likely the case may be decided before the vacancy on the Supreme Court is filled. [read post]
7 Dec 2020, 1:57 pm
On Tuesday, in Facebook v. [read post]
