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18 Jul 2022, 7:27 am by Harbir Deol
[xix] Whether such oversight comes in the form of legislation taking the form as proposed by Senators Cornyn and Casey, or though executive enactment is unknown. [read post]
17 Jul 2022, 9:05 pm by Stephen M. Bainbridge
In 1978, the American Law Institute (ALI) authorized a project originally intended to result in a Restatement of corporate law.[1] The drafters intended their project to be a departure from traditional restatements.[2] As they visualized it, the project was to offer “a combination of classic Restatement, forward looking guidelines, and perhaps also model provisions. [read post]
15 Jul 2022, 5:00 am by jonathanturley
The court stated that, “Abortion is fundamentally different, as both Roe and Casey acknowledged. [read post]
13 Jul 2022, 5:00 am by Alicia Ely Yamin
The reversal of Roe and Casey places the U.S. squarely at odds with this universal framework, as well as trends toward liberalization across a number of countries in the Americas, including Argentina, Colombia, and Mexico. [read post]
12 Jul 2022, 4:18 pm by Legal Aggregate
In this roundup, Stanford Law School faculty members offer commentary on key SCOTUS decisions from this year’s term (beginning Oct., 2021), offering critical analysis. [read post]
12 Jul 2022, 10:07 am by Josh Blackman
Bray, a post-Casey case, was written by Justice Scalia. [read post]
11 Jul 2022, 11:01 am by Eugene Volokh
And of course this doesn't tell us what the right answer is, either as to whether abortion should be banned as a substantive matter, or whether Casey should have been overturned as a constitutional matter (including as a matter of constitutional stare decisis). [read post]
11 Jul 2022, 8:30 am by JB
In 2016 the Court vigorously reaffirmed Roe and Casey in Whole Woman’s Health v. [read post]
11 Jul 2022, 4:06 am by SHG
Sure, Roberts was the devil when the issue is Citizens United or Shelby County, but he wouldn’t have reversed Roe or Casey. [read post]
10 Jul 2022, 8:30 am by JB
Overturning Roe and Casey will not put an end to constitutional litigation over abortion rights. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
The events of the past month, including, most notably, the Dobbs case reversing Roe, has exposed the hollowness of the hope that what used to be called “reasoned elaboration” would, as somewhat pathetically asserted in the famous plurality opinion in Casey in by Justices O’Connor, Kennedy, and Souter, bring the national debate to an end because the Supreme Court, had, after all, issued its ukase. [read post]
9 Jul 2022, 5:04 pm by Melody McDonald Lanier
Here’s a look at some other trials in which the jury was sequestered or partially sequestered: Derek Chauvin Amber Guyer Casey Anthony George Zimmerman Do you think jury sequestration is a good or bad idea? [read post]
8 Jul 2022, 8:30 am by JB
Justice Kennedy the co-author of Casey, was in the majority, and Chief Justice Rehnquist cited Casey as an example of a decisions consistent with his general approach. [read post]
7 Jul 2022, 10:34 am by Amy Howe
” Roberts’ proposed approach, Alito contended, would only extend the “turmoil wrought by Roe and Casey. [read post]