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17 Jun 2010, 7:31 am by Eugene Volokh
(“Cross-over sensation” line borrowed from John Elwood.) [read post]
16 Jun 2010, 8:09 pm by John Elwood
(John Elwood) Two OLC opinions were published today, both quite recent, and both concerning bread-and-butter issues for that Office (note the capital “O,” from force of habit). 1. [read post]
11 Jun 2010, 7:44 am by John Elwood
(John Elwood) Two items of interest today. [read post]
10 Jun 2010, 10:23 am by John Elwood
(John Elwood) My past practice of covering the release of OLC opinons has fallen by the wayside because of the press of work here at my day job, so I never got to bore you with my thoughts on the application of the Emoluments Clause to President Obama’s receipt of the Nobel Peace Prize or on DOJ’s views on the proposed constitution for the US Virgin Islands. [read post]
7 Jun 2010, 7:59 am by John Elwood
(John Elwood) Two apparent relists by the Supreme Court today (there are probably more, but these are the only two I’ve inferred). [read post]
7 Jun 2010, 7:32 am by Kent Scheidegger
Juvenile Male,* the Court also certified a question to the Montana Supreme Court to help it decide if a case on retroactivity of sex offender registration is moot.Update: John Elwood at VC has this post on two "relisted" capital cases, Ryan v. [read post]
1 Jun 2010, 7:19 am by John Elwood
(John Elwood) A friend of mine who works in the intelligence community brought this jewel to my attention. [read post]
13 May 2010, 10:08 am by Erin Miller
 Some candidates being mentioned include: White House lawyer Donald Verrilli and Deputy Solicitor General Neal Katyal (CNN) Washington Governor Christine Gregoire (National Journal, Seattle Times) In non-nomination news: At the Volokh Conspiracy, John Elwood predicts a summary reversal in Jefferson v. [read post]
12 May 2010, 3:31 pm by Kent Scheidegger
Over at Volokh Conspiracy, John Elwood has this post about the Georgia capital case of Jefferson v. [read post]
12 May 2010, 8:43 am by John Elwood
(John Elwood) It has been a very busy Term at the Supreme Court for summary reversals: There have been 11 already—far more than the Court usually has in an average Term, and the Term ain’t over yet. [read post]
3 May 2010, 12:52 pm by John Elwood
(John Elwood) Although determining whether the Supreme Court has relisted a case is somewhat dicey before the Court actually updates its docket, it appears as though the Court has relisted one very important business case that was on for Friday’s conference: Cablevision Systems Corp v. [read post]
3 May 2010, 10:58 am by Kenneth Anderson
by Kenneth Anderson My Volokh Co-Conspirator John Elwood notes the reference to foreign courts, if not precisely law, in Justice Breyer’s comment on closing the SCOTUS main front door to visitors. [read post]
3 May 2010, 9:16 am by John Elwood
(John Elwood) Justice Breyer is famously willing to look to foreign law for ideas on how to resolve legal questions, saying that there’s no reason not to look at how foreign judges have solved sticky problems when he is confronted with similar issues. [read post]
28 Apr 2010, 6:35 am by Adam Chandler
Briefly: At the Volokh Conspiracy, John Elwood predicts which Justices are writing the outstanding decisions from the November and December sittings. [read post]
27 Apr 2010, 3:33 pm by John Elwood
(John Elwood) With the Supreme Court’s two opinions today in Merck & Co. v. [read post]
27 Apr 2010, 2:35 pm by John Elwood
(John Elwood) There may not be much interest among the general readership in today’s opinion in Stolt-Nielsen SA v. [read post]
26 Apr 2010, 8:54 am by John Elwood
(John Elwood) When I was in the Office of the Solicitor General, I was the Assistant who worked on the (many) briefs in opposition to cert petitions challenging the recess appointments of Judges William Pryor and Charles Pickering in 2004. [read post]
21 Apr 2010, 6:50 am by Erin Miller
”  Indian Country Today discusses arguments by American Indian legal advocates for John Echohawk, or another American Indian nominee, to replace Stevens — whose record, one contends, was a “mixed bag” on Indian issues. [read post]
20 Apr 2010, 11:40 am by John Elwood
(John Elwood) One of the things that struck me during the kerfuffle about presidential signing statements during the Bush Administration was the widely held belief that presidential signing statements were immediately and consistently implemented throughout the Executive Branch. [read post]
14 Apr 2010, 8:45 pm by Eugene Volokh
” FURTHER UPDATE: A comment from John Elwood, who overlapped with Ed Dumont at the Justice Department: “[A]nother in a series of fine nominations (and, I hope, eventual appointments) to the Federal Circuit, along with Bill Bryson and Tim Dyk–people who got the job more from sheer competence than connections (although connections don’t hurt). [read post]