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29 Jun 2015, 4:43 am by Amy Howe
  Commentary comes from Richard Re and Hadar Aviram at PrawfsBlawg, and from Noah Feldman at Bloomberg View. [read post]
19 Nov 2021, 5:57 am
Derivative Litigation Concerning Foreign Private Issuers Posted by Stephen Blake, Adam Goldberg, and Bo Bryan Jin, Simpson Thacher & Bartlett LLP, on Sunday, November 14, 2021 Tags: China, Derivative suits, Foreign firms, Foreign issuers, International governance, Minority shareholders, New York, Securities litigation, Settlements, Shareholder suits FSOC Issues Report Declaring Climate Change as Emerging Threat to U.S. [read post]
11 Jan 2017, 4:25 am by Edith Roberts
At Empirical SCOTUS, Adam Feldman considers “whether and how the timing of certiorari (cert) petition filings affects the likelihood of a grant,” concluding that “attorneys may benefit from strategically deciding when to file petitions for writ of certiorari. [read post]
28 Mar 2017, 3:48 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman examines voting patterns on the court since the death of Justice Antonin Scalia, noting that “the middle of the Court may have shifted slightly and it will be interesting to see if there continue to be new unifications between some Justices as well as polarizations between others. [read post]
31 Mar 2017, 4:38 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman examines the justices’ relative power over time, comparing cases that were decided by a one-vote margin, and concluding that Chief Justice William Rehnquist is “the clear leader. [read post]
15 May 2020, 6:00 am
., on Tuesday, May 12, 2020 Tags: Board composition, Boards of Directors, California, Disclosure, Diversity, ESG, State law REITs and COVID-19: 15 Key Issues for Boards as they Chart the Course Forward Posted by Adam O. [read post]
28 Feb 2017, 3:43 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman tests the theory that the U.S. [read post]
9 Mar 2017, 4:40 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman looks at the court’s diminishing caseload, observing that without “a specific impetus, the Justices are unlikely to take on more cases annually,” and that although the justices spend a fair amount of time reviewing cert petitions, “a lingering question will continue to be how the Justices have reallocated their time as the Court’s caseload has decreased. [read post]
5 Apr 2016, 7:48 am by Amy Howe
” At Empirical SCOTUS, Adam Feldman updates his earlier post on a shift in oral arguments since the death of Justice Scalia, to account for “another metric – the average number of sentences a Justice uses in a turn (“turn” referring to a segment of uninterrupted speech). [read post]
6 Apr 2016, 6:00 am by Amy Howe
”  And at Empirical SCOTUS, Adam Feldman considers where the case falls on the spectrum of the Court’s free exercise cases. [read post]
10 Nov 2016, 4:38 am by Edith Roberts
At Empirical SCOTUS, Adam Feldman looks at the justices’ behavior during recent oral arguments and finds “subtle signs from the past few days providing support for the view that the Justices and particularly the Chief Justice feel some relief” as the election season has drawn to a close. [read post]
26 Sep 2016, 4:43 am by Edith Roberts
” In his column for Bloomberg, Noah Feldman argues that an appeals court decision interpreting last term’s ruling in Evenwel v. [read post]
3 Nov 2016, 4:33 am by Edith Roberts
At Empirical SCOTUS, Adam Feldman looks at statistics from this week’s oral arguments, focusing on the gender balance among the justices and attorneys, and noting that at Wednesday’s argument, which featured three female advocates, “accounting for Justice Thomas’ regular silence at oral argument, the gender breakdown of speakers … was six women to four men for the first time in the Court’s history. [read post]
2 Feb 2017, 4:40 am by Edith Roberts
At Empirical Scotus, Adam Feldman also explores the effect a Gorsuch vote might have in various areas of the law, summarizing the judge’s most-cited opinions and his dissents. [read post]
3 Jan 2024, 7:09 am by Norman L. Eisen
, The Guardian (Dec. 29, 2023)  Judge Luttig: Trump eligibility case ‘tests America’s commitment to its own democracy’, MSNBC (Dec. 23, 2023) Adam Liptak, An About-Face on Whether the 14th Amendment Bars Trump From Office, New York Times (Sept. 18, 2023) Noah Feldman, Alas, Trump Is Still Eligible to Run for Office, Bloomberg (Aug. 20, 2023)  Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). [read post]
13 Nov 2019, 3:42 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman analyzes the justices’ use in recent majority opinions of citations to separate opinions in prior cases, concluding that “[t]he justices utilize this practice in varying degrees, but as a general matter, they appear to frequently look to past separate opinions to rehash old ideas and to help justify new ones. [read post]
2 Aug 2018, 4:42 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman examines oral-argument interruptions during October Term 2017, concluding that the “terrain appears to have changed … when compared to previous terms. [read post]
12 Jun 2017, 4:29 am by Edith Roberts
At Empirical SCOTUS, Adam Feldman catalogues the citations to merits and amicus briefs and law-review articles in Supreme Court opinions this term. [read post]