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14 May 2009, 1:53 pm
Indeed, one can find hints of such a position in legal scholarship as long ago as 1958, the year after James Vicary triggered a public outcry with his claim that he'd hidden subliminal messages in a movie screening promoting Coca Cola and popcorn and the year after Vance Packard described the technique in his book, The Hidden Persuaders. [read post]
4 Jun 2025, 8:48 am
They argue the companies were producing oil long before the war and that the government contracts never directed the specific extraction activities now at issue. [read post]
29 May 2025, 12:27 pm
Thomas, ever the originalist, also wrote a separate opinion that reiterated his skepticism of the seminal student-speech case Tinker v. [read post]
23 Jul 2013, 2:48 am
The credibility of their study rests entirely upon this claim.All their talk of “historic norms,” however, is puffed up exaggeration: 16 years is neither “long” nor remotely enough time to establish “historic norms. [read post]
5 Feb 2011, 10:22 am
The social obligation of business is to sustainably maximize long-term profits for shareholders. [read post]
29 Apr 2022, 7:54 am
The second article evaluated and rejected the FTC’s long-held belief that the Federal Trade Commission’s (FTC) interpretations of the FTC Act do not receive Chevron deference. [read post]
16 Apr 2018, 4:11 am
Thomas says strict scrutiny even if it’s commercial; etc. [read post]
31 Jul 2020, 6:30 am
Lengthy dissents and concurrences form Justices Thomas and Alito suggest deep fissures in the conservative camp that render Tushnet’s account of the Roberts Court’s master strategy less persuasive. [read post]
14 Jul 2015, 6:00 am
” Or a “No Harm Clause” conferring on all citizens a right to “do their thing” as long as they do no harm to anyone else in the process. [read post]
19 Jan 2011, 6:02 am
Mehta The long awaited Cassel decision has now come down this last week. [read post]
2 May 2022, 10:51 am
Not just the content of a flag, but also its presence and position have long conveyed important messages about government…. [read post]
4 Nov 2022, 4:00 am
Trump attorney Kenneth Chesebro contended Thomas would be “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress. [read post]
14 Jul 2009, 6:37 am
Thomas Carper, now a U.S. [read post]
29 Jun 2023, 7:49 am
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
29 Jun 2023, 7:49 am
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
8 Dec 2021, 5:21 am
The extraordinary Ngoc Son Bui (my interview with him here) has organized a very interesting workshop (Constitutional Law of Greater China, 9-10 December 2021, Oxford Programme in Asian Laws) around essays that will be contributed to a Handbook of Constitutional Law in Greater China that is likely to become a standard in the field and an important reference for anyone interested in issues of Chinese constitutionalism (Program here). [read post]
8 Mar 2019, 10:46 am
This history also attains greater relevance in light of Justice Thomas’s recent troubling call for the U.S. [read post]
21 Dec 2015, 1:25 pm
On December 21, 2015, Governor Andrew M. [read post]
30 Jan 2012, 7:53 am
They concluded that long-term monitoring violated the defendant’s reasonable expectation of privacy, without regard to the precise technology installed or used by the government. [read post]
3 Oct 2024, 9:01 pm
If a particular individual voter announced that she was not going to consider any long-term incumbents for re-election—not that past officeholding would be one Grutter-like factor in her interpersonal comparison of candidates, but that she would literally set aside long-term incumbents and not consider them—no one would suggest that she was impermissibly adding qualifications to the office. [read post]