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24 Oct 2018, 3:55 am
” Briefly: For The Washington Post, Robert Barnes reports that, “[t]o a far greater degree than its predecessors, the Trump administration has sought to bypass adverse lower-court rulings on some of its signature issues by seeking extraordinary relief from a refortified conservative Supreme Court. [read post]
23 Oct 2018, 7:03 am
A fully competitive market may not need conflict of interest rules, for example, but investor protections need to be strengthened when investors have fewer options. [read post]
22 Oct 2018, 9:32 am
” Last week the judge ruled that the case could proceed against the government but not against President Donald Trump. [read post]
22 Oct 2018, 7:25 am
” Perhaps Roberts already was familiar with the issues in this case when he came to the bench in New Prime last month! [read post]
22 Oct 2018, 3:30 am
Jackson, Justice Scalia diluted the “clear and unmistakable” rule, by observing that courts should enforce delegation clauses if a party merely manifested an intent to delegate. [read post]
21 Oct 2018, 4:59 pm
In a landmark ruling S.V. v. [read post]
21 Oct 2018, 10:29 am
Ortho Pharmaceutical Corp.8, which had provoked an outcry from the scientific community, and a particularly scathing article by two scientists from the National Institute of Child Health and Human Development.9 The amici also cited several judicial decisions on the need for robust gatekeeping, including the observations of Judge Jack Weinstein that “[t]he uncertainty of the evidence in [toxic tort] cases, dependent as it is on speculative scientific hypotheses and epidemiological studies,… [read post]
21 Oct 2018, 4:59 am
Will watching oral argument provide non-lawyers with that day in contracts or torts when the rule of law at issue was taught? [read post]
20 Oct 2018, 6:07 am
Jen Patja Howell posted an episode of the Lawfare Podcast on Tuesday, an Oct. 3 panel discussion at Brookings on the rule of law—a discussion that included Rep. [read post]
19 Oct 2018, 2:30 pm
Waxman said that Hughes’ influence was enhanced by the fact that, as Justice Robert Jackson once said, “Hughes looked like God and talked like God. [read post]
19 Oct 2018, 1:36 pm
Robert Salna - who is a landlord and who is sufficiently principled and financially able to have retained capable counsel. [read post]
19 Oct 2018, 12:55 pm
CNN, The Washington Post and POLITICO summarized Roberts’ remarks, as did Andrew Hamm for this blog. [read post]
19 Oct 2018, 12:38 pm
As Chief Justice John Roberts put it, the commerce power is the authority to regulate "preexisting economic activity. [read post]
19 Oct 2018, 6:00 am
Or was America’s Constitution something different – a sacred text that lived in an archive while setting the fundamental ground rules for the polity? [read post]
19 Oct 2018, 2:58 am
Township of Scott case [Miriam Seifter/SCOTUSBlog, Gideon Kanner, Robert Thomas/Inverse Condemnation first, second, third, fourth posts] “Stop trying to get workers out of their cars” [Robert Poole, Jr. [read post]
18 Oct 2018, 9:30 pm
“Today’s decision is a victory for ordinary investors in our stock markets—who have, for too long, been paying steep costs for an uneven playing field,” SEC Commissioner Robert J. [read post]
18 Oct 2018, 12:30 pm
With all of the discussion about Special Counsel Robert Mueller and his “cooperators,” now is an appropriate time to revisit the basics of “cooperation” in white-collar investigations. [read post]
18 Oct 2018, 12:15 pm
Roberts can act on the government’s application immediately or refer it to the full court. [read post]
18 Oct 2018, 10:42 am
Question: As a historical matter, how does the Supreme Court’s 7-1 ruling in United States v. [read post]
18 Oct 2018, 10:06 am
Aiken, has set a trial to begin on October 29, focused on her ruling that there is a constitutional right to “a climate system capable of sustaining human life. [read post]
