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16 Sep 2013, 1:57 pm by Josh Blackman, guest-blogging
While several of Kennedy’s tendencies have been discussed in the literature—such as viewing Lawrence in terms of “liberty” over “privacy,” or his preference for protecting human dignity, or his strong belief in federalism —this article, written in light of Kennedy’s crowning achievement, United States v. [read post]
16 Sep 2013, 4:56 am by Ben Rubin
As reported by our colleague Robert Thomas on inversecondemnation.com, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review in California Building Industry Association v. [read post]
12 Sep 2013, 8:10 pm by Josh Blackman, guest-blogging
” Verrilli represented the interests of the United States. [read post]
10 Sep 2013, 9:58 am by Michael F. Smith
Filburn‘s blessing of the modern regulatory state; Chief Justice Roberts’s discovery within the Affordable Care Act of a “tax” that even its proponent-in-chief disavowed. [read post]
10 Sep 2013, 3:21 am
But a new development is on the horizon that has the potential to reshape our understanding of the field: the re-emergence of state-to-state investment treaty arbitration in cases like Peru v Chile, Italy v Cuba, and Ecuador v United States. [read post]
9 Sep 2013, 3:39 am by Susan Brenner
After receiving the stolen data, [she] re-sold the information to her co-conspirators in the United States. [read post]
8 Sep 2013, 6:01 pm by Josh Blackman, guest-blogging
Why on earth “would it have looked bad” for the Solicitor General to be involved in the most important case the United States has argued in a decade, where the entire DOJ was coordinating a defense from day one? [read post]
5 Sep 2013, 1:54 pm by Eugene Volokh
(Eugene Volokh) An interesting and influential passage, most recently quoted by Judge Posner in United States v. [read post]
4 Sep 2013, 10:05 am by Raffaela Wakeman
After all, we have one commander in chief at a time, and the United States is weakened if our presidency is weakened. [read post]
2 Sep 2013, 11:30 pm by Theodore Ruger
   As Chief Justice John Roberts presciently noted in his NIFB majority:  “The States are separate and independent sovereigns. [read post]