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17 Aug 2015, 11:22 am by Stephen Griffin
  This has a greater impact on originalism than other interpretive views because of the decisive weight originalism gives to evidence from the founding period. [read post]
13 Aug 2021, 6:30 am by Guest Blogger
As Justice Thomas noted in dissent, it requires no great leap to conclude that any person whose credit file contained such inaccuracies should be permitted to sue. [read post]
5 Jun 2024, 3:38 am by Thorsten Bausch (Hoffmann Eitle)
Taking as a benchmark published decisions from 1.1.-3.6.2024, Daniel Thomas looked at 551 decisions, of which 502 decided on the validity of the opposed patent. [read post]
13 Jun 2024, 11:11 am by Eugene Volokh
Justice Thomas, joined by Justices Alito and Gorsuch, concluded that the law is constitutional chiefly because of what they saw as a longstanding historical tradition of allowing such exclusions from trademark registration. [read post]
1 Nov 2021, 11:14 am by Eugene Volokh
Miss Asian American limits contestants to those who share at least one-fourth Asian ancestry (as it happens, including not just East Asia but also South Asia, Central Asia, the Asian Middle East—including Israel—and Georgia and Azerbaijan in the Caucasus but not Armenia).[6] This is how the pageant organizers choose to "celebrat[e] Asian culture, beauty, and intelligence"[7] and not the culture, beauty, and intelligence of other ethnic groups.[8] Miss Black America does not… [read post]
25 Jun 2024, 3:07 pm
  (Justice Alito’s opinion says that the majority opinion takes the view that “basis testimony is always hearsay,” and that he would remand because Longoni’s testimony “is hearsay under any mainstream conception. [read post]
18 May 2018, 3:56 am by Florian Mueller
Given the importance of this subject, I'll now republish an open letter that 77 former government officials and professors (of law, economics, and business) have sent Assistant Attorney General Makan Delrahim in order to remind him of long-standing and consistent U.S. policies on standard-essential patents (SEP) under both Republican and Democratic administrations. [read post]
25 Sep 2019, 2:00 pm by Melanie Fontes
  As long as the Grouper makes reasonably accurate groupings, limited en banc panels will be significantly more likely to reflect majority views of the Ninth Circuit. [read post]
10 Nov 2020, 7:12 am by Jonathan H. Adler
Justice Kagan notes there were many changes in the ACA since 2012, but that "relics" of the view that the mandate is essential remain, such as the findings that the mandate was essential. [read post]
11 Jan 2012, 8:33 am by Lyle Denniston
  His separate comments suggested that, even if such a lawsuit got into court at all, it would swiftly be out of court as soon as the denomination filed an explicit claim that the employee fit the exception — in its view, not that of the court. [read post]
28 Jul 2020, 7:33 am by Abbe R. Gluck
The Obama-era DOJ used the same findings in NFIB to argue that the 2010 Congress likely viewed two key insurance provisions (but not more) as linked to the mandate. [read post]
29 Jun 2023, 9:31 am by Amy Howe
” Moreover, Roberts added, the programs also rely on prohibited racial stereotyping – the idea that minority students will always have the same views or perspectives on a particular issue. [read post]
30 Jun 2014, 9:47 am by Kedar Bhatia
Below you can view each section of the Stat Pack individually and review our key takeaways from the Stat Pack. [read post]
29 Jun 2022, 11:56 am by John Elwood
(relisted after the April 14, April 22, April 29, May 12, May 19, May 26, June 2, June 9, June 16 and June 23 conferences) Thomas v. [read post]
7 Jun 2022, 5:25 pm by John Elwood
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]