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29 Jul 2019, 4:35 pm by Kevin LaCroix
”   The July 23, 2019 Decision In an opinion written by Judge Thomas Hardiman for a 2-1 majority (with Judge Robert Cowen dissenting), the Third Circuit reversed the lower court, holding that Zou’ sand Downs’s roles as nonvoting board observers was not sufficiently similar to the functions that board directors perform for them to be held liable as directors or director equivalents under Section11. [read post]
23 Jul 2019, 6:00 am by Josh Blackman
The three members on the panel were Judges Jennifer Walker Elrod, Kurt D. [read post]
22 Jul 2019, 11:23 am by Vishnu Kannan
” The committee will call former Special Counsel Robert S. [read post]
22 Jul 2019, 10:26 am by Hadley Baker, Mikhaila Fogel
Robert Mueller is testifying before Congress on Wednesday, and members will no doubt ask him repeatedly for his views and findings about President Trump. [read post]
22 Jul 2019, 5:17 am by Staci Zaretsky
[Associated Press] * Joan Bullock, former dean of Thomas Jefferson Law School, has decamped to become Dean at the Texas Southern University Thurgood Marshall School of Law. [read post]
16 Jul 2019, 8:05 pm by Sandy Levinson
 That is patently false, but he refuses even to bring up the way that the system was rigged in 1787 (perhaps because he'd have to explain why Vermont enjoys indefensibly exaggerated power in the Senate). [read post]
14 Jul 2019, 6:01 pm by Marty Lederman
Hawaii; Thomas's dissent in the census case), ignore what everyone knows to be the truth:  They will, in the words of Chief Justice Roberts in the census case, "exhibit a naiveté from which ordinary citizens are free,”  and defer to the pretextual bases that the professional lawyers have conjured to defend the policies in question, no matter how ugly their obvious genesis or what function they play with Trump's intended audience.To… [read post]
10 Jul 2019, 1:06 pm by Sandy Levinson
Another, perhaps, is that justices who feel some special need, unlike, say, Justice Thomas, to demonstrate their fidelity to often incoherent precedents, will inevitably write near-gibberish as a result. [read post]
7 Jul 2019, 9:40 pm by Kristin E. Hickman
Justice Gorsuch wrote a blistering dissent, joined by Chief Justice Roberts and Justice Thomas. [read post]
7 Jul 2019, 9:40 pm by Randy Barnett
  In this crucial respect, Chief Justice Roberts swing opinion was in agreement with the four conservative justices (Scalia, Kennedy, Thomas, and Alito) to form a five justice majority on this issue. [read post]
7 Jul 2019, 7:48 pm by Marty Lederman
"  "Our review is deferential," wrote Chief Justice Roberts, "but we are 'not required to exhibit a naiveté from which ordinary citizens are free.'" (quoting Judge Henry Friendly). [read post]
5 Jul 2019, 9:23 pm by Joseph Fishkin
 So that leaves what I’d call the Evenwel Gambit: fess up, selectively, to Real Reason 2. [read post]
3 Jul 2019, 4:05 am by Edith Roberts
” At CNN, Joan Biskupic writes that Chief Justice John Roberts’ opinion blocking the citizenship question “echoed his surprise affirmation of the Affordable Care Act in 2012”; she suggests “that the 5-4 census case and other moves in the recently completed session demonstrated Roberts’ new variability in fraught cases. [read post]
2 Jul 2019, 4:03 am by Edith Roberts
” In an op-ed for Forbes, Mark Chenoweth pushes back against Chief Justice John Roberts’ concurrence in Kisor v. [read post]
1 Jul 2019, 8:59 am by Kevin Goldberg
Justice Gorsuch wrote for a six-member majority of the Court (he was joined by Justices, Roberts, Thomas, Alito, Kavanaugh, and Kagan). [read post]