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12 Dec 2018, 1:47 pm by Matthew Moriarty
As Amy Howe notes on SCOTUSblog.com, “[t]he Auer doctrine has been a target for conservatives and business groups for some time[.] [read post]
12 Dec 2018, 12:18 pm by Julian Ku
The detention of a top executive from Chinese technology giant Huawei shocked financial markets around the world last week as investors worried that the arrest would derail U.S. [read post]
12 Dec 2018, 8:49 am by Kathleen Claussen
Trade Representative Robert Lighthizer told Congress that he hoped the steel and aluminum tariffs would be resolved as part of the NAFTA renegotiations, although Section 232 is not within his purview; rather, it falls to the Commerce Department to administer the Section 232 process. [read post]
12 Dec 2018, 5:20 am by Robert Chesney
They can’t change the Constitution by expressing their opinion on the matter. [read post]
12 Dec 2018, 4:00 am by eileen peck
Don’t assume that you have no options, or that a guilty plea is your best bet. [read post]
12 Dec 2018, 3:53 am by Edith Roberts
Briefly: At Reuters, Lawrence Hurley reports that “[t]he U.S. [read post]
12 Dec 2018, 2:00 am by Julie Adams, FordHarrison
During the conversation, Martin insists that he “didn’t know,” and Grace asks, “Why didn’t you see? [read post]
11 Dec 2018, 9:01 pm by Michael C. Dorf
Justices Sotomayor and Kagan also displayed something of an if-it-ain’t-broke-don’t-fix-it attitude.At the other end of the spectrum, Justice Ginsburg appeared quite sympathetic to overruling the separate sovereigns exception. [read post]
11 Dec 2018, 5:57 pm by Anthony Gaughan
’ He went on to offer the insinuation that Kavanaugh (and Chief Justice John Roberts) didn’t want to decide against Planned Parenthood. . . . [read post]
11 Dec 2018, 4:16 pm by Amy Howe
If that’s true, Francisco observed, there’s no reason why the officials can’t also conclude that everyone who enters the country illegally is ineligible to apply for asylum. [read post]
The tool wasn’t equipped with a safety shield, and nowhere in the manual did the manufacturer inform users where to obtain a safety shield. [read post]
11 Dec 2018, 7:08 am by Anushka Limaye
Ben Cardin, Robert Berschinski, Robert Peri and Joshua White for a discussion on the Global Magnitsky Act. [read post]
11 Dec 2018, 6:18 am by Scott J. Limmer
Facial recognition features on smart phones aren’t new; some Android phones have used the Face Unlock app since 2011. [read post]
11 Dec 2018, 5:59 am
“Thunder Road” may also be associated with the name of a movie released in 1958 starring Robert Mitchum, the father of Applicant’s principal James Mitchum, or the name of a song by Bruce Springsteen from 1975. [read post]
11 Dec 2018, 4:12 am by SHG
Roberts’ dissent in Paroline v. [read post]
11 Dec 2018, 4:00 am by Edith Roberts
” For The Washington Post, Robert Barnes reports that, over a dissent from Justice Clarence Thomas, joined by Justices Samuel Alito and Neil Gorsuch, the court also “declined … to review lower court decisions that blocked efforts in two states to cut off public funding for Planned Parenthood, refusing for now to get involved in state battles over abortion rights. [read post]
Trade Representative Robert Lighthizer has declared: “If we can’t protect our innovation, we lose our edge. [read post]
10 Dec 2018, 8:48 pm by Camilla Alexandra Hrdy
The dissent in Oil States, written by Justice Gorsuch and joined by Chief Justice Roberts, cited extensively to Mossoff's scholarship in order to support their view that allowing an executive agency to revoke patents was a departure from historical practice, since, Justice Gorsuch wrote, "[o]nly courts could hear patent challenges in England at the time of the founding[," and risked undermining "the promise of judicial independence. [read post]