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13 Jun 2019, 5:30 am by Guest Blogger
  That is understandable: There were not enough libertarians, either in the New-Deal-to-Reagan era on which Ken focuses or today, to matter sufficiently to warrant a book. [read post]
18 Nov 2014, 11:16 am
  Two justices (Scalia and Thomas) questioned the amount of deference properly afforded administrative interpretations in situations “that contemplate[] both criminal and administrative enforcement. [read post]
8 Feb 2013, 11:52 am by Bexis
  So no matter what, the recall couldn’t constitute a violation (and thus support a parallel claim) of a nonexistent FDA specification, and to the extent the plaintiff claimed ion permeability should have been a PMA spec, well, that& [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
As a practical matter, it makes very little sense for states to add the sorts of burdens on presidential candidates. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
As a practical matter, it makes very little sense for states to add the sorts of burdens on presidential candidates. [read post]
16 Jun 2019, 11:07 am
| Skykick - why does it matter & what could it mean for trade marks? [read post]
11 Dec 2020, 9:07 pm
., Justice Thomas, joined by Justice Alito) have suggested that the Court lacks that discretion when States invoking the Court's original jurisdiction have no other judicial forum available to adjudicate their claims. [read post]
23 Oct 2015, 12:37 pm by Rebecca Tushnet
   Thomas Brooks, Holland & Knight: IP is more than patents—often a misconception that people have. [read post]
13 May 2013, 7:18 am by The Charge
Calhoun (NOT, as some yahoos declare, Thomas Jefferson) started talking about states as if they were people. [read post]
8 Apr 2013, 4:37 pm by Juan Antunez
That's what happened in a DNA case I wrote about here: no matter what the DNA science proved, settlor intent remained the outcome-determinitive question. [read post]
27 Feb 2025, 9:04 am by Neil H. Buchanan
  That is amazing… They can be air traffic controllers.That all of that is false matters not to the Trumpists. [read post]
13 Aug 2019, 2:48 pm by Guest Blogger
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).I am grateful to Jack Balkin and the Balkinization blog for the careful and powerful collection of review essays based on my book Fidelity & Constraint (2019). [read post]
2 Oct 2020, 12:17 pm by Rebecca Tushnet
As a quantitative matter, what was copied was a rounding error. [read post]
27 Jun 2016, 6:09 am
This post examines an opinion from the Supreme Court of North Carolina:  State of North Carolina v. [read post]
15 Feb 2024, 6:30 am by Guest Blogger
Bruen, 597 U.S. 1, 36–37 (2022) (Thomas, J., for the majority of the Court); Bostock v. [read post]
31 Jul 2024, 7:26 am by Josh Blackman
Joining him were fellow conservatives Clarence Thomas and Neil Gorsuch and, to some extent, Barrett and Jackson. [read post]
7 Dec 2021, 5:54 pm by Shoba Sivaprasad Wadhia
” Roberts viewed the presumption of reviewability and the broad discretion by the attorney general in immigration matters as pulling in opposite direction. [read post]
13 Sep 2024, 4:57 am by Beatrice Yahia
Thomas Mackintosh reports for BBC News; Barak Ravid reports for Axios. [read post]