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19 Jun 2013, 10:55 pm
As Justices Thomas and Scalia discuss in their separate dissents in Mitchell v. [read post]
19 Jun 2013, 7:21 am
Stern says include approval of "astonishingly torturous methods of capital punishment":More than any justice in history, Thomas is an originalist, ruling exclusively by the letter of what he views as the Founders’ original intent in writing the Constitution. [read post]
18 Jun 2013, 9:01 pm
Proposition 200 was partly fueled by two highly controversial views: Arizona’s anti-immigrant sentiment and the Republican Party’s perception that voting requirements needed to be tightened. [read post]
18 Jun 2013, 4:03 pm
But on Justice Thomas’ view, such changes should affect our reading of only those clauses of Constitutional text that come from those later eras. [read post]
18 Jun 2013, 9:34 am
The grave inaccuracies contained in just a few short sentences should leave little surprise that the EFF is on shaky ground concluding that their views on copyright would be compatible with the Founders. [read post]
18 Jun 2013, 8:28 am
Scalia and Thomas went so far as to say that even the invocation of the right would be ineffective because, in their view, the Fifth Amendment affords no protection to a suspect during a pre custody interview. [read post]
18 Jun 2013, 7:41 am
S., at 581 (THOMAS, J., dissenting). [read post]
18 Jun 2013, 12:30 am
Yet unlike Pound and many twentieth-century progressives, they did not see American society in a state of crisis or view law as a pragmatic means to address contemporary social problems that required immediate attention. [read post]
17 Jun 2013, 11:00 pm
Several long time readers have emailed us that they are experiencing difficulties when viewing the blog. [read post]
17 Jun 2013, 9:45 pm
Chief Justice Roberts, joined by Justices Scalia and Thomas, would have affirmed the 11th Circuit and upheld the "scope of the patent" test. [read post]
17 Jun 2013, 6:51 pm
” So where was that guy today—the one who views Arizona’s “sovereignty” as deeply implicated in its “power to exclude from the sovereign’s territory people who have no right to be there”? [read post]
17 Jun 2013, 6:39 pm
Justice Thomas’s opinion explained that the history of the Sixth Amendment and the general principle applied in Apprendi make it “impossible to disassociate the floor of a sentencing range from the penalty affixed to the crime. [read post]
17 Jun 2013, 5:11 pm
The better question in the dissent’s view is to see whether under the circumstances the defendant’s silence can be understood to be an invocation of the 5th Amendment right. [read post]
17 Jun 2013, 2:05 pm
The Court’s opinion Justice Kennedy wrote for a majority of the Court that also included the Chief Justice and Justices Thomas, Breyer, and Alito. [read post]
17 Jun 2013, 7:47 am
Joining Justice Kennedy’s opinion were the Chief Justice, along with Justices Thomas, Breyer, and Alito. [read post]
16 Jun 2013, 3:32 pm
--Thomas, J. [read post]
16 Jun 2013, 7:42 am
The Supreme Court has taken the opposite view on this issue from the majority in the US Court of Appeals for the Federal Circuit (CAFC). [read post]
16 Jun 2013, 1:29 am
Schwartz, Thomas M. [read post]
14 Jun 2013, 2:38 pm
Along this line Thomas Cotter (Minnesota) writes: "Ultimately the merits depend on whether the benefits of access outweigh the costs to incentives. [read post]
14 Jun 2013, 10:41 am
” The latter may not be viewed as naturally occurring. [read post]
