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9 Feb 2024, 11:37 am
" Seth Barrett Tillman and I are the primary proponents of the former argument, and Kurt Lash is the primary proponent of the latter argument. [read post]
8 Feb 2024, 2:41 pm
But I don’t think that this Court should take those threats too seriously in its resolution of this case. [read post]
8 Feb 2024, 12:14 pm
” Justice Amy Coney Barrett appeared to agree. [read post]
7 Feb 2024, 7:47 pm
Don't Be So Certain About Trump And Section 3 (2/2/22). [read post]
6 Feb 2024, 3:36 pm
I don’t believe, however, that anyone in the case disputes that.) [read post]
6 Feb 2024, 11:04 am
” Justices Alito, Barrett, Kavanaugh, and Gorsuch voiced similar concerns about adopting such an expansive interpretation of Rule 10b-5 liability. [read post]
4 Feb 2024, 1:01 pm
[This post is co-authored with Professor Seth Barrett Tillman] Since the outset of the Section 3 litigation, those seeking to disqualify Trump from the ballot have made two primary arguments concerning the Appointments Clause. [read post]
2 Feb 2024, 5:00 am
Don’t risk your legacy. [read post]
28 Jan 2024, 8:49 pm
Early in 2021, overwhelming majorities of both the U.S. [read post]
27 Jan 2024, 7:54 pm
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
18 Jan 2024, 3:45 am
” Justice Barrett asked, adding, “Isn’t it inviting a flood of litigation? [read post]
16 Jan 2024, 5:20 am
By Hon. [read post]
12 Jan 2024, 7:31 am
The petitioners don’t even attempt to explain how the taxation of LLCs is consistent with their vision of constructive realization doctrine, preferring to pretend as if those entities don’t exist. [read post]
9 Jan 2024, 8:24 am
The Barrett v. [read post]
18 Dec 2023, 4:00 am
" I don't doubt the diligence of the reporting, but I would sound a note of caution. [read post]
16 Dec 2023, 8:58 pm
Kavanaugh and Barrett know this. [read post]
8 Dec 2023, 7:54 am
" And we don't plan to do so in this post. [read post]
7 Dec 2023, 12:41 pm
[This post is co-authored with Professor Seth Barrett Tillman]. [read post]
4 Dec 2023, 1:42 pm
” If you look at the structure and context of the Bankruptcy Code, historical practice, and background constitutional concerns, Gorsuch said, Purdue Pharma has “a lot running against you, don’t you? [read post]
1 Dec 2023, 7:23 am
Alito’s confirmation in 2006 kicked off a shift to the right that accelerated with the arrival of three justices – Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – nominated by former President Donald Trump. [read post]