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17 Oct 2011, 5:57 pm by Paul Karlsgodt
There is a temptation to interpret Supreme Court decisions as the final word but, as one attorney noted, “A 5-4 decision is not a death knell of anything. [read post]
1 Oct 2019, 9:00 am by Michael H Cohen
John Smith medical spa gave me three free Botox injections. [read post]
19 Jun 2009, 2:22 pm
 Absent compelling evidence that Congress specifically intended to adopt these understandings, the textualist working to stay out of the shadow of activism would prefer a dictionary to experience, genuinely strange as that might (and does, to me) seem.John Yoo and Steve Bradbury (neither of whom I know well, though I at least know John well enough to say hello at conferences) went to law school in the heyday of such thought. [read post]
10 Dec 2007, 9:30 pm
David Smith: And Allan, how does that work? [read post]
5 Mar 2023, 6:00 am by Lawrence Solum
Raw moral intuitions might be refined through a technique suggested by the philosopher John Rawls--the method of reflective equilibrium. [read post]
30 Jan 2024, 9:01 pm by Michael C. Dorf
They think it does more harm than good because it does not act as a deterrent, is too expensive, is administered in an unfair and racist manner, or, as illustrated by the cases discussed above, inflicts cruelty. [read post]
26 Feb 2020, 11:55 am by Amy Howe
In the wake of Justice Antonin Scalia’s death, the vote was 5-3: Justice Anthony Kennedy and the court’s four more liberal justices agreed that the state has a legitimate interest in protecting the health of pregnant women. [read post]
21 Sep 2016, 9:01 pm by Neil H. Buchanan
But Trump does manage to make some outrageous claims, as I note below.Why are Trump’s claims about his magical economic elixir so implausible? [read post]
27 Jan 2020, 8:55 am by Amy Howe
In the wake of Justice Antonin Scalia’s death, the vote was 5-3: Justice Anthony Kennedy and the court’s four more liberal justices agreed that the state has a legitimate interest in protecting the health of pregnant women. [read post]
25 Jul 2017, 5:30 am by Dan Carvajal
While sales taxes are somewhat regressive, this does not make sales tax holidays an effective tool for providing relief to low-income individuals. [read post]
30 May 2021, 6:30 am by Guest Blogger
  The classic studies of American abolitionism reproduced the white voices of the movement.[5]   Historians have acknowledged the important role blacks played in supporting the movement, but until quite recently only Douglass has received much attention. [read post]
20 May 2022, 1:56 pm by David Kopel
Kopel, Bad News for John Marshall, 121 Yale L.J. [read post]
1 May 2012, 6:06 am by Mandelman
  She continues…   In early October, I received a letter dated October 5, 2010, stating that the September payment had not been made. [read post]
18 Apr 2012, 4:59 am by Rob Robinson
 onforb.es/HFZRKa (Ben Kerschberg) Does the NLRB ‘Like’ Your Social Media Policies? [read post]
28 Sep 2023, 4:00 am by Anil Kalhan
Ultimately, of course, the Supreme Court vacated the Trump administration’s rescission of DACA in 2020 when—by a 5-4 margin, with Chief Justice John Roberts writing for the majority—it decided Department of Homeland Security v. [read post]