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7 Jun 2023, 6:30 am by Guest Author
 361, 421-24 (2023); see also Caroline Cecot, An Equity Blindspot: The Incidence of Regulatory Costs, J. [read post]
6 Jun 2023, 4:30 am by Guest Author
(Draft A-4 at 5-7, 46-47, 61-64) The necessary implication of all of this is that formal CBA is but one tool in the toolbox of decision frameworks that agencies have at their disposal and, in the words of Justice Scalia, it is “up to the agency to decide how to account for costs [and benefits]” by choosing among the wide array of tools available. [read post]
31 May 2023, 7:19 am by Rick Hasen
In that case, four… Continue reading The post In 2004 Partisan Gerrymandering Case, Justice Scalia Originally Had a Majority with J. [read post]
18 May 2023, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable on Constitutional Crises, convened as part of LevinsonFest 2022. [read post]
16 May 2023, 8:53 am by David Post
SOTOMAYOR, J., filed an opinion concurring in part, in which KAGAN, J., joined. [read post]
28 Apr 2023, 9:30 pm by ernst
  An excerpt from Slandering the Sacred: Blasphemy Law and the Shaping of Indian Secularism, by J. [read post]
16 Apr 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
As an initial matter, courts might endorse the most obvious objection to the gambit, an objection rooted in the statute’s purpose—not as derived from the sort of tendentious legislative history that textualist jurists eschew but from the background context, which even the late Justice Scalia endorsed as consistent with textualism. [read post]
10 Apr 2023, 12:16 pm by Avery Schmitz
The event will feature Dereck J. [read post]
3 Apr 2023, 10:08 am by Avery Schmitz
The event will feature remarks from John J. [read post]
27 Mar 2023, 10:41 pm by Josh Blackman
(Scalia, J., concurring in judgment).The Second Circuit acknowledged, too, that Young stands in considerable "tension" with this Court's subsequent separation-of-powers decisions. [read post]
27 Mar 2023, 10:41 am by Avery Schmitz
Cyber Command Research Assistant, National Security Institute, Antonin Scalia Law School at George Mason University [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
Constitution (Oxford 2013) Louis Michael Seidman, On Constitutional Disobedience (Oxford 2012) 2012 (Fall): Gerard Magliocca, John Bingham: America's Founding Son (NYU, 2013) (assigned ms) Akhil Reed Amar, America's Unwritten Constitution (Basic Books, 2012) John Inazu, Liberty's Refuge: The Forgotten Freedom of Assembly (Yale 2012) Justice Antonin Scalia, Reading Law: The Interpretation of Legal Texts (West, 2012) Abner Greene, Against Obligation (Harvard 2012) Sandy… [read post]