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6 Mar 2007, 5:58 am
The good news is that lately more studies have been done on appellate courts (Scherer's Scoring Points is excellent), though there is still relatively little research on trial courts, where the vast bulk of judging takes place.2. [read post]
25 Jul 2018, 10:30 am by David Stanton, Wenqing Zhao
The president’s threatened tariffs would affect more than $500 billion in goods and  mark the apotheosis of a rapid escalation in rhetoric. [read post]
7 Feb 2017, 11:36 am by Peter Margulies
Explaining this extreme form of deference, Justice Robert Jackson, author of the canonical Youngstown concurrence on separation of powers, observed in Harisiades v. [read post]
12 Dec 2018, 12:18 pm by Julian Ku
-origin goods for use in Huawei’s telecommunications products. [read post]
24 Sep 2015, 8:48 am by Rebecca Tushnet
Goudreau counterclaimed for breach of contract, breach of the implied covenant of good faith and fair dealing, false advertising, and abuse of process. [read post]
11 Mar 2018, 4:08 pm
A credence-good environment with high switching costs and (the perception of) delicate equilibria is prone to devil-you-know conservatism. [read post]
27 Jul 2010, 12:42 pm by Nathan
Roberts the “most conservative in decades. [read post]
4 May 2015, 1:36 pm by Bob Corn-Revere
So it is for good reason that exceptions to this “fatal in fact” notion of strict scrutiny in First Amendment cases can be counted on one hand and still leave some fingers left over. [read post]
22 Jan 2020, 11:06 am by Ronald Mann
Roberts and Ginsburg, for example, seemed least inclined to sign on to a decision allowing GE France to force Outokumpu into arbitration. [read post]
26 Apr 2012, 9:30 pm
 That's just good old preemption doctrine: Federal law--whether it comes from the Constitution, a statute, or a regulation--preempts contrary state law. [read post]
28 Jun 2019, 8:51 am by Nicholas Bronni
Indeed, as Justice Clarence Thomas aptly put it, we got “an aberration—a ticket good for this day and this train only. [read post]
21 Jun 2020, 9:01 pm by Michael C. Dorf
The DACA decision was written by Chief Justice John Roberts, an appointee of former President George W. [read post]
11 Oct 2007, 8:02 am
Roberts Jr. became chief justice two years ago, how the court is changing its public face. [read post]
27 Apr 2018, 1:32 pm by Anthony Gaughan
” [Laughter] Gant: “I don’t want to get in the way of a good discussion. [read post]