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22 May 2014, 7:44 am by Bruce Ackerman
 We all know Justice Thomas’ answer – but he is an extremist on the issue. [read post]
22 May 2014, 4:00 am by Administrator
It has been long recognized that “ethical system[s] must be framed as to prevent judges from being activists, mavericks, [and] publicity-seekers”.[93] In view of this, judicial fundraising presents ethical problems as it can directly or indirectly result in a judge being publically associated with an organization as its advocate. [read post]
20 May 2014, 7:16 am
Thomas (Minnesota) Lgal Studies Research Paper No. 14-20. [read post]
20 May 2014, 6:08 am by Bruce Ackerman
(For a recent reevaluation, see Thomas Colby's essay in Northwestern Law Review.)Taken in their own terms, the coercive Article Five exchange between Congress and the states does not establish the constitutional "quality" of the Fourteenth Amendment. [read post]
20 May 2014, 4:39 am by Amy Howe
In a post at ACSblog, Frederick Gedicks discusses Justice Clarence Thomas’s separate opinion in Town of Greece v. [read post]
19 May 2014, 3:29 pm by Stephen Bilkis
They reflect instead the view that legal personality is not synonymous with separate and vital existence within the womb; that, depending on the circumstances involved, public policy and other factors, legal personality will be accorded or withheld as these extrinsic considerations demand. [read post]
19 May 2014, 4:23 am by Lawrence B. Ebert
” Mosoff also writes of the tendency by some to view the troll "problem" as recent in origin:Yet, many smart people assume that the patent licensing business model—and the buying and selling of patents themselves—is an entirely recent development. [read post]
17 May 2014, 3:25 pm by Stephen Bilkis
A court is not required to wait for the natural guardians to appear before appointing a guardian ad litem if to do so would constitute a danger to the infant's interests as held in Trippe v Trippe, Matter of Thomas and Matter of Beyer. [read post]
14 May 2014, 11:31 am by Michael Lowe
Ky’s attorney it was not Thomas Ky that was betting, it was his co-workers and friends at his restaurants. [read post]
14 May 2014, 9:30 am by Karen Tani
Thomas School of Law) has posted "Highway to Hell: The Great National Highway Debate of 1830 and Congress as Constitutional Interpreter. [read post]
13 May 2014, 2:50 pm
Horwitz offers more examples in the rest of his post, as did Will Thomas here. [read post]
12 May 2014, 4:40 am by Amy Howe
  In an article for The Wall Street Journal, Jess Bravin observes that the “decision reflects an ongoing shift among all nine current justices that is lowering barriers between church and state,” while in a post at the Journal’s Law Blog Bravin focuses on Justice Clarence Thomas’s separate opinion in the case, and in particular on Thomas’s suggestion that the First Amendment’s Establishment Clause does not apply to the states. [read post]
9 May 2014, 6:30 pm by Brian Shiffrin
It is easy to view the use of certain technological devices in the courtroom as merely another way of presenting evidence. [read post]
9 May 2014, 4:49 am
Bergeris, supra (quoting Cynthia Callahan & Thomas C. [read post]
8 May 2014, 9:01 pm by Vikram David Amar
How the Justices Dealt With Seattle In turning away this challenge, Justices Scalia and Thomas acknowledged that the Seattle case controlled, but concluded that it should be overruled. [read post]
8 May 2014, 6:05 am by Amy Howe
”  But at Hamilton and Griffin on Rights, Marci Hamilton provides a road map for the Court’s decision to explain why, in her view, although “it is tempting to assume this area of the law is a mess. [read post]