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4 Dec 2023, 4:00 am by Michael C. Dorf
In any event, my point for now is that the majority opinion proceeded more or less in the same way that sports fans evaluate claims that some rule change fundamentally alters the nature of a game.Dissenting for himself and Justice Thomas in PGA Tour, Justice Scalia questioned the whole enterprise:Nowhere is it writ that PGA TOUR golf must be classic “essential” golf. [read post]
16 Jul 2020, 9:01 pm by Vikram David Amar
Then, based on the election results, the slate of electors associated with the winning campaign is the one that is selected as a matter of state law. [read post]
18 Jun 2023, 9:03 pm by Vikram David Amar and Jason Mazzone
In determining, as an analytic and doctrinal matter, whether there was a disparate impact, the circuit majority concluded, what matters is how successful Asian-American applicants as a group were under the new policy in comparison to how members of other racial groups did—not how Asian-American applicants had done, relatively speaking, under the prior admissions policy. [read post]
8 Feb 2012, 10:46 am by Susan Brenner
After Thomas Black was convicted of possessing “at least four grams of methamphetamine but less than 200 grams, with the intent to deliver”, he appealed. [read post]
23 Jul 2010, 6:46 am by Adam Thierer
Understanding the Origins of Political Struggles In his many enlightening books, Thomas Sowell, a great economist and an even better political scientist, often warns of the triumph of good intentions over good economics. [read post]
19 Apr 2025, 5:45 pm by Josh Blackman
But some people on the Supreme Court did heed to it: Justices Alito and Thomas. [read post]
26 Apr 2023, 2:39 pm by Josh Blackman
" Chief Justice Rehnquist appeared twice before House committees on similarly mundane matters. [read post]
7 Oct 2023, 8:57 am by Eugene Volokh
[So holds an Eleventh Circuit panel; Judge Andrew Brasher's concurring opinion that notes the potential First Amendment problems with imposing liability for such speech.] [read post]
20 Apr 2022, 3:14 am by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
16 Feb 2022, 12:22 am by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
23 Nov 2021, 3:58 am by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
26 Jul 2020, 9:01 pm by Sherry F. Colb
Justice Clarence Thomas said of such arguments, in his concurrence in the denial of review in Thompson v. [read post]
29 Jan 2011, 8:30 pm by Sandy Levinson
" As a matter of fact, the Constitution very clearly does give states some genuine rights. [read post]
30 Jun 2016, 9:01 pm by John Dean
Courts often employ other dodges to avoid taking jurisdiction of such political matters, like whether the matter is justiciable—an issue over which the court has jurisdiction. [read post]
21 Nov 2023, 4:49 am by Jack Sharman
(I realize Thomas Wolfe can be florid and adolescent, but so can Thanksgiving). [read post]