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26 Jun 2013, 12:58 pm
That conclusion (and the steps that the Court took to get there) drew the ire of the Court’s four more conservative Justices – Chief Justice John Roberts and Justices Scalia, Thomas, and Alito – who filed three separate dissenting opinions totaling nearly fifty pages. [read post]
25 Jun 2013, 4:51 pm
The way that Chief Justice Roberts began his opinion in Shelby County v. [read post]
25 Jun 2013, 2:58 pm
Therefore, the Court did not hold that 4(a) is unconstitutional per se, but rather that it is not tethered to current facts, leaving open the door for Congress to re-enact a new formula, which will then define covered jurisdictions based on current facts. [read post]
25 Jun 2013, 9:10 am
The fact that Congress re-authorized the Act 390 to 33 in the House and 98 to 0 in the Senate seven years ago is blithely waived off. [read post]
24 Jun 2013, 11:56 am
Michael GreveFor the symposium on Michael Greve's The Upside Down Constitution (Harvard University Press 2012).Jack Balkin has been a dear friend for many years. [read post]
24 Jun 2013, 8:55 am
The following article published in USA Today, reports of tens of thousands of unnecessary surgeries every year. [read post]
24 Jun 2013, 8:35 am
Unions for all practical purposes enjoyed a forty year losing streak from 1895 (In re Debs) to 1936 (Carter v. [read post]
23 Jun 2013, 8:17 am
While some big European reinsurers like Munich Re and Swiss Re support efforts to reduce CO2 emissions, "in the United States the household names really have not engaged at all." [read post]
22 Jun 2013, 8:30 am
ALTERNATIVE LOAN TRUST 2005-60TI MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-60TI, Appellee. 4th District.Mortgage foreclosure -- Res judicata -- No error in denying motion to vacate final judgment of foreclosure on ground that mortgagor's participation in federal modification program rendered foreclosure inequitable where mortgagor failed to raise this claim in a prior motion to vacateANGELA VIRGO, Appellant, v. [read post]
22 Jun 2013, 7:02 am
If you’re short on time, start with these posts. [read post]
21 Jun 2013, 3:36 pm
Robert Bosch Tool Corp., 260 F. [read post]
21 Jun 2013, 3:00 pm
See In re Amer. [read post]
21 Jun 2013, 9:59 am
So here, we’re concerned only with information contraband? [read post]
21 Jun 2013, 8:00 am
In re. [read post]
20 Jun 2013, 10:47 am
Roberts Jr., John Roberts, Matthew Descamps, Matthew R. [read post]
20 Jun 2013, 10:04 am
Chief Justice Roberts in a vigorous dissent argued that the Actavis decision “will discourage settlement of patent litigation. [read post]
20 Jun 2013, 8:30 am
“But whatever they’re called, we need someone in prosecutor offices that those attorneys can go to” when they develop the sense they are being asked to do questionable things to further political ends. [read post]
20 Jun 2013, 5:00 am
Four of the justices recognizing preemption in Mensing (Thomas, joined by Roberts, Scalia, and Alito) were ready to get rid of it. [read post]
19 Jun 2013, 9:32 am
What Salinas v Texas Means to You and Me Say you’re stopped by the police. [read post]
17 Jun 2013, 6:40 am
Roberts purportedly said in the UMWA press release. [read post]