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7 Nov 2014, 9:48 am by Abbe Gluck
EPA) called “the fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme”? [read post]
14 Feb 2022, 9:01 pm by Michael C. Dorf
Shortly after his 1991 confirmation, Justice Clarence Thomas famously quipped “I ain’t evolving. [read post]
19 Jun 2022, 5:19 am by Frank Cranmer
The court found that though viewed in isolation the relief denigrated Judaism the parish had remedied the legal situation by adding an explanation of its historical background, thereby distancing itself from its defamatory and antisemitic message. [read post]
28 Jun 2010, 9:10 pm by Gene Quinn
What we do know, however, is that 5 Justices, namely Justices Kennedy, Roberts, Thomas, Alito and Scalia all agreed that business methods are patentable subject matter. [read post]
14 Dec 2009, 7:39 am
”  Perhaps the best single line statement of it would be, slightly oddly, from Thomas Berger’s novel, Arthur Rex, in which the Lady of Lake tells Arthur the essence of his duty as a ruler:  “Maintain power in as decent a way as would yet be effective. [read post]
26 Apr 2010, 12:03 pm by Anna Christensen
  So concluded the Court in an opinion by Justice Sotomayor and joined by Chief Justice Roberts, Justice Stevens, Justice Thomas, Justice Ginsburg, and Justice Breyer (who also wrote a separate, concurring opinion). [read post]
21 Aug 2008, 7:51 pm
  With the advent of Thomas Wanta, newly-appointed superintendent of the facility in 1991, a drastic rethinking took place. [read post]
29 Jun 2010, 3:00 am by LindaMBeale
The opinion of the Court was written by Justice Kennedy and joined by the four justices on the right--Alito, Roberts, Thomas and Scalia. [read post]
1 Jun 2011, 11:14 am by Michael M. O'Hear
An ideologically unusual coalition of six justices (Breyer, Roberts, Kennedy, Thomas, Sotomayor, and Kagan) chose the middle-ground option. [read post]
27 Jun 2019, 11:29 am by Kevin Goldberg
  She disagreed with the majority view that this case is simply about a private property owner opening up space to others; instead, she viewed MCAC as an organization appointed by the government to administer a constitutional public forum. [read post]
9 Jan 2019, 2:33 pm by Richard M. Re
Justice Ruth Bader Ginsburg was absent due to her ongoing medical recovery, and Justice Clarence Thomas was silent in accordance with his custom. [read post]
1 Jul 2019, 8:59 am by Kevin Goldberg
  Justice Gorsuch’s view that FOIA Exemptions are [read post]
16 Apr 2012, 9:03 am by Adam Thierer
Such critics often express an overly nostalgic view of the technological past while adopting an excessively gloomy view of the present and the chances for future progress. [read post]
19 May 2017, 1:01 am by rhapsodyinbooks
After his death, Malcolm’s views reached an even larger audience than during his life. [read post]
5 Nov 2010, 10:28 am by WSLL
Cannon of Davis & Cannon, Sheridan, Wyoming.Representing Appellees Aurora Lobo and Joshua Kibbee Lobo (Defendant): Thomas M. [read post]
28 Feb 2011, 5:42 am
 Thomas Jefferson thought that the Sedition Act violated the First Amendment (and history has validated him in this view). [read post]
2 Jul 2018, 10:31 pm by Anthony Gaughan
In FIFA’s view, therefore, the penalty shootout format represented the lesser of two evils. [read post]
21 Mar 2012, 3:48 pm by Steve Vladeck
My own view, as will become apparent, is to teach Federal Courts as primarily models (2) and (3)--that very little of the class is merely about how particular statutes are actually applied. [read post]