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14 Aug 2012, 11:29 am by David Gans
  Only Justice Thomas has tried, arguing in a footnote in his concurring opinion in Parents Involved in Community Schools v. [read post]
13 Aug 2012, 8:41 am by Geoffrey Stone
In the rest of this essay I will therefore refer to the “very conservative” Justices (Rehnquist, Scalia, Thomas, Roberts, and Alito), the “moderately conservative” swing Justices (O’Connor and Kennedy), and the “moderately liberal” Justices (Stevens, Souter, Ginsburg, Breyer, Sotomayor, and Kagan). [read post]
7 Aug 2012, 9:45 am by Gordon Todd
Circuit’s unanimous en banc opinion in SpeechNow.org v. [read post]
2 Aug 2012, 9:19 am by Charles Fried
  Only Justice Thomas, who has consistently proclaimed a pre-New Deal conception of the Commerce Clause, was likely to vote to strike the Act down on that ground. [read post]
12 Jul 2012, 5:30 pm by Colin O'Keefe
The LIBOR scandal, one that seemingly popped up out of nowhere, has been generating a lot of buzz today—Steven Berk has commentary on that. [read post]
4 Jul 2012, 12:07 pm
In United States v. [read post]
3 Jul 2012, 1:47 pm by Rob Robinson
Cost – A Case for Fixed-Fee, Unit-Based Pricing – http://bit.ly/L9FILJ (Marc Zamsky) eDiscovery Case Law: Judges Get Annoyed When Lawyers Don’t Play Nice – http://bit.ly/LDquTY (Jason Krause) eDiscovery Drama: Stranger Than Fiction – http://bit.ly/QuvHvw (Matt Miller) How Early Case Assessment Can Drive Effective Arbitrations – http://bit.ly/LytKhp (Julie Anne Halter, Bill Zoellner) How To Manage The Costs Of Big Data In eDiscovery – http://bit.ly/Quv4lL… [read post]
3 Jul 2012, 9:52 am by Thomas Kaufman
By Thomas Kaufman; (follow me on Twitter) A First Appellate District decision from May 31, 2012, Sotelo v. [read post]
25 Jun 2012, 11:30 pm by Rumpole
  It's Torture: For those of you firmly in the "Scalia is really a friend to the criminal defense bar camp" note that he had no trouble concurring with Justice Thomas's view of the eighth amendment  in his dissent in Miller v. [read post]
4 Jun 2012, 1:32 pm by Matt Kaiser
Tags: Art Spitzer, Clarence Thomas, Constitutional Law, Dick Cheney, Indianapolis, Iraq, Justice Stephen Breyer, Matt Kaiser, Qualified immunity, Reichle v. [read post]
4 Jun 2012, 6:39 am by Marissa Miller
”  Briefly: Steven Davidoff of the New York Times discusses new questions raised by Morrison v. [read post]
31 May 2012, 6:24 am by Cormac Early
Coverage yesterday focused on the speech by retired Justice John Paul Stevens at the University of Arkansas in Little Rock, in which he criticized the Court’s 2010 decision in Citizens United v. [read post]