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11 Oct 2018, 1:01 pm by Ronald Mann
” Dvoretsky repeatedly offered his position that a bright-line rule exempting the manufacturers was sensible, but Roberts seemed to share Kagan’s concerns, as he evinced skepticism about the breadth of the rule necessary for Dvoretsky to prevail: What if you are the only one who knows about it? [read post]
11 Oct 2018, 7:13 am by David Pozen
The anti-hardball alternative to partisan gerrymandering is sitting in plain sight.Another way to think about anti-hardball is as the set of “good-government” rules that both sides would prefer to adopt, if they had to write the rules under a veil of ignorance. [read post]
11 Oct 2018, 7:05 am by David Pozen
Another way to think about anti-hardball is as the set of “good-government” rules that both sides would prefer to adopt, if they had to write the rules under a veil of ignorance. [read post]
11 Oct 2018, 4:16 am by Edith Roberts
” Additional coverage comes from Ann Marimow and Tom Hamburger for The Washington Post, who report that “[t]he judiciary’s rules on misconduct do not apply to Supreme Court justices, and the 10th Circuit could decide to dismiss the complaints as moot now that Kavanaugh has joined the high court. [read post]
10 Oct 2018, 6:55 pm by Bona Law PC
Sure, there is some deference and if an appellate court is reviewing an FTC administrative ruling, they will formally defer on the facts to a certain extent. [read post]
10 Oct 2018, 11:28 am by John Elwood
Perhaps Chief Justice John Roberts decided to hang on to all of the long-conference relists so the new guy would have a chance to weigh in on them. [read post]
10 Oct 2018, 10:49 am by Anushka Limaye
Robert Chesney compared the U.S. and EU legal frameworks for surveillance by analyzing the EU Human Rights Court’s recent ruling against the U.K. [read post]
10 Oct 2018, 4:04 am by Edith Roberts
” Additional coverage of Kavanaugh’s first day as a justice comes from Jessica Gresko and Mark Sherman for the Associated Press, Kevin Daley at The Daily Caller, Andrew Chung and Lawrence Hurley at Reuters, Greg Stohr and Sahil Kapur at Bloomberg, Robert Barnes and others for The Washington Post, Richard Wolf for USA Today, and Brent Kendall and Jess Bravin for The Wall Street Journal. [read post]
10 Oct 2018, 3:43 am by Rory Little
Bryn for petitioner in Stokeling, with Justice Kennedy in attendance (Art Lien) In an offhand moment invoking some controversial lower court instances, Chief Justice John Roberts noted that “I actually tried that. [read post]
9 Oct 2018, 1:23 pm by Mark Walsh
(Although the rule of thumb is that a junior justice ought to defer to a senior colleague in such situations, that rule is not always observed.) [read post]
9 Oct 2018, 10:46 am by Andrew Hamm
Catledge wrote that the “Senate’s rule of courtesy by which executive appointees from its membership are confirmed promptly and unanimously was thus abrogated for the first time since L.Q.C. [read post]
9 Oct 2018, 7:55 am by Andrew Weber
The image below demonstrates how to use the filter on Senator Robert C. [read post]
8 Oct 2018, 8:25 am by Anushka Limaye
”, a conversation with Hanan Ashrawi,  Daniel Levy, Robert Malley and Michele Dunne on what the recent changes in U.S. foreign policy mean for the future of U.S. [read post]
8 Oct 2018, 5:50 am by Steve Stransky
The CFAA was a central aspect of Robert Mueller’s 2018 indictment of Russian officials who hacked the Democratic National Committee (DNC), and of the landmark 2014 indictment of five Chinese military officials for computer hacking and economic espionage. [read post]
6 Oct 2018, 11:34 am by Matthew L.M. Fletcher
In an unprecedented ruling that threatens Native American children and families, U.S. [read post]