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11 Oct 2022, 9:22 am by David Kopel
It was extensively cited in Justice Thomas's concurrence in Adoptive Couple v. [read post]
2 Jul 2018, 9:01 pm by Neil H. Buchanan
That Kennedy would deem it acceptable to be replaced by someone whom Trump will select based on the recommendations of the extremists who have taken over the party (and who gave the world a second Clarence Thomas in the person of Neil Gorsuch) is absolutely astonishing. [read post]
14 Apr 2017, 6:00 am by Sandy Levinson
”  Would the colonies continue to be part of the British Empire and, therefore, ultimately ruled by the King in Parliament, subject to whatever degree of autonomy they chose, as a matter of grace (that could always be withdrawn) to offer the colonies? [read post]
17 Oct 2023, 12:15 pm by Neil H. Buchanan
The Hamas-led attacks on Israel happened on October 7, which is now more than ten days ago. [read post]
28 Dec 2023, 5:00 am by Neil H. Buchanan
" I wish all of you a happy new year, no matter where you live. [read post]
28 Oct 2020, 1:03 pm by Daniel Shaviro
(Or, for that matter, of the withholding taxes.)In the long run, one can't make foreign shareholder bear US tax liability under classic "small open economy assumptions. [read post]
10 Aug 2017, 12:56 pm by Rebecca Tushnet
  Thomas ducks: it’s the only way to avoid being criticized for subjectivity.McKenna: some of these problems are Congress’ fault. [read post]
30 Mar 2016, 8:58 am by Daniel Shaviro
  Does it matter for its own sake, or just instrumentally to some other aim, such as maximizing welfare? [read post]
2 May 2019, 5:00 pm
Recall Thomas Hobbes and the state of nature, where life was “nasty, poor, solitary, brutish and short. [read post]
23 Jan 2014, 6:53 am
  That’s particularly true because Justice Thomas Saylor, ordinarily the court’s most conservative member on product liability matters (and thus our favorite), wrote the majority opinion in Lance, aligning himself in this instance with justices with whom he frequently disagrees with on tort issues. [read post]
26 May 2017, 1:39 pm
A valid copyright extends only to copyrightable subject matter. [read post]
9 Apr 2020, 9:01 pm by Vikram David Amar
If all (or nearly all) of the instances reached by a federal statute involve actions by states that violate Fourteenth Amendment rights to due process, it shouldn’t matter how often those instances occur. [read post]
1 Oct 2009, 9:46 pm
Mr Bateman's letter of complaint to the Law Society of 15 December 2006 was in the following terms:Mr Rob ReisProfessional Standards DirectorThe Law Society of the Australian Capital TerritoryGPO Box 1562Canberra ACT 2601Dear Mr ReisI write to draw your attention (sic) a course of conduct by a legal practitioner in a recent matter, and to ask that you investigate whether that conduct breaches the professional standards expected of a legal practitioner in the Territory.Mr David… [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
Arizona Independent Redistricting Commission (AIRC).Why does this case matter so much? [read post]
16 Apr 2020, 4:55 am by Hedge Fund Lawyer
  Please note COVID-19 related matters appear at the end of this update. **** SEC Matters SEC Releases 2020 Examination Priorities. [read post]
20 Feb 2019, 10:32 am by admin
New York,3 that the Supreme Court matter-of-factly held that the Takings Clause of the Fifth Amendment was “of course” applicable to the states.4 To justify incorporation, Penn Central cited only one 19th century case, which itself did not mention the Fifth Amendment.5 Before Penn Central, the Court relied on the Due Process Clause to restrict the scope of state taking power. [read post]
1 Sep 2018, 2:51 am by INFORRM
The judge agreed with her that this was not clear in 70/30’s contractual terms and conditions, even though she admitted that she had not read them — “ As she charmingly and no doubt correctly put it, ‘In matters of the heart one is not rational’. [read post]
9 Sep 2010, 6:57 pm by Eugene Volokh
  Nathan Dane’s influential 1823 General Abridgment and Digest of American Law similarly treated the Bill of Rights as providing that “the jury in criminal matters must be unanimous. [read post]