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23 May 2016, 8:02 am
And Justice Thomas issued a dissenting opinion. [read post]
22 May 2016, 6:06 pm
" In dissent, Justice Thomas focused on context instead. [read post]
16 May 2016, 8:04 am
Justice Thomas issued a dissenting opinion. [read post]
15 May 2016, 3:00 am
"On H-Net is a review of Karine V. [read post]
3 May 2016, 10:28 am
(Nick) Khan, Maroof Miyana, and Pranav V. [read post]
1 May 2016, 9:05 pm
How the courts came to extend First Amendment protection to art, music, movies, and other expression not originally classed as “press” or “speech” [new Mark Tushnet, Alan Chen, and Joseph Blocher book via Ronald Collins] Cato amicus: church enterprises should be eligible for recycling program on same terms as secular businesses [Ilya Shapiro and Jayme Weber] “A Political Attack On Free Speech And Privacy Thwarted — For Now” [George Leef, Forbes on AFP… [read post]
29 Apr 2016, 3:09 pm
The ambiguous science does not really support the constitutional mandates that Steinberg supported either, as I explained in vain in CJLF's brief in Graham v. [read post]
27 Apr 2016, 6:47 am
Justice Clarence Thomas also seems a certain vote for Mathis, given his concurrence in Descamps, in which he stated that the entire MCA violates the Sixth Amendment doctrine of Apprendi v. [read post]
23 Apr 2016, 11:39 am
And the 2012 Alvarez v. [read post]
22 Apr 2016, 7:50 am
Long Island Pine Barrens Society, Inc. v. [read post]
20 Apr 2016, 11:26 am
Justice Thomas filed a dissenting opinion. [read post]
19 Apr 2016, 3:27 am
In The National Law Journal (subscription or registration may be required), Ilya Shapiro and Thomas Berry look back at the Court’s opinion in Evenwel v. [read post]
18 Apr 2016, 5:37 pm
Thomas A. [read post]
18 Apr 2016, 2:50 am
Commentary on Zubik v. [read post]
14 Apr 2016, 6:41 am
Earlier this week, both sides filed supplemental briefs in Zubik v. [read post]
7 Apr 2016, 5:18 am
” Last week’s decision in Luis v. [read post]
6 Apr 2016, 6:00 am
More coverage of Monday’s decision in Evenwel v. [read post]
31 Mar 2016, 3:00 am
” That is of course precisely the language Justice Thomas used to distinguish Wyeth in Mensing. 131 S.Ct at 2581. [read post]
28 Mar 2016, 9:23 am
Unfortunately, Parts IV, V, VI, which deal with substantive IP rights and practice, loses the personal touch and insight that the early and final chapters possess. [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]