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16 Jun 2020, 6:30 am by Guest Blogger
“Of course it is our moral heritage that one should not hate any human being or class of human beings,” wrote Justice Antonin Scalia. [read post]
16 Jun 2020, 4:43 am by Marcia Coyle
Before Justice Antonin Scalia's death in February 2016, the court had a 5-4 conservative majority. [read post]
16 Jun 2020, 4:23 am by Tammy Binford, Contributing Editor
Mook points out that the late Justice Antonin Scalia authored an opinion years ago that adopted a broad definition of the word “sex. [read post]
15 Jun 2020, 11:15 am by Adam Feldman
The more conservative justices have more positive numbers and include Roberts, Thomas, Alito, Gorsuch and Kavanaugh as well as Rehnquist and Justice Antonin Scalia. [read post]
12 Jun 2020, 2:35 pm by Masha Simonova
Indeed, the court, in an opinion by Justice Antonin Scalia, specifically upheld qui tam informer standing. [read post]
12 Jun 2020, 6:30 am by ernst
  This webinar is co-presented by The Smithsonian’s Lemelson Center for the Study of Invention and Innovation, and the Center for the Protection of Intellectual Property (CPIP) at George Mason University’s Antonin Scalia Law School. [read post]
11 Jun 2020, 9:39 am by Roger Parloff
District Judge John Gleeson, who is also a former U.S. attorney for the Eastern District of New York—found that the Justice Department’s stated grounds for dropping Flynn’s case were “pretextual,” “riddled with inexplicable and elementary errors of law and fact,” and “taxe[d] the credulity of the credulous” (a line borrowed from the late Justice Antonin Scalia). [read post]
9 Jun 2020, 9:30 pm by ernst
Using archival sources, the article discusses competing views within Taft’s majority coalition of six, as well as Taft’s own independent views about the question of the presidential power of removal.Analyzing the reasoning of Myers in detail, the article argues that the decision is neither an example of originalism, as Justice Antonin Scalia has claimed, nor is it compatible with contemporary understandings of the “unitary” executive. [read post]
4 Jun 2020, 8:45 am by D Daniel Sokol
Yun, George Mason University - Antonin Scalia Law School, Faculty are Tailoring Critical Loss to the Competitive Process. [read post]
1 Jun 2020, 3:31 pm by Dana Muir
The concurrence, however, raised an argument that Thomas has made dating back at least to his 1995 dissent (joined by Justices Sandra Day O’Connor and Antonin Scalia) in Varity Corp v. [read post]
1 Jun 2020, 12:28 pm by ernst
., has published Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon (Oxford University Press): Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. [read post]
24 May 2020, 1:55 pm by Renee Knake
When Chief Justice Burger announced his retirement in 1986, Reagan elevated Rehnquist and replaced him with Antonin Scalia. [read post]
24 May 2020, 8:58 am by Walter Olson
Under the relevant standard, articulated by the late Justice Antonin Scalia in a 1990 Supreme Court opinion, neutral and general laws that burden religion do not violate the U.S. [read post]
22 May 2020, 12:00 am by D Daniel Sokol
Court of Appeals for the District of Columbia Circuit; George Mason University - Antonin Scalia Law School, Faculty Koren Wong-Ervin, Axinn, Veltrop, & Harkrider LLP investigate Challenging Consummated Mergers Under Section 2. [read post]
21 May 2020, 5:00 pm by John Jascob
Verret of George Mason University’s Antonin Scalia Law School reiterated his past doubts regarding a mandated ESG disclosure framework. [read post]
15 May 2020, 10:22 am by CrimProf BlogEditor
Mungan (West Virginia University - Department of Economics and George Mason University - Antonin Scalia Law School, Faculty) have posted The Effect of Evidentiary Rules on Conviction Rates on SSRN. [read post]
12 May 2020, 10:11 am by Marcia Coyle
But as Justice Elena Kagan said after the death of the Supreme Court's most famous originalist, Justice Antonin Scalia, "We are all textualists now. [read post]
10 May 2020, 11:21 am by Josh Blackman
When a prominent young conservative commentator like Hammer expressly rejects "pure legal positivism and the elevation of procedure to the complete detriment of substance, most frequently associated with the jurisprudences of the late Judge Robert Bork and the late Justice Antonin Scalia," one can almost feel the winds of change freshening. [read post]
7 May 2020, 9:30 pm by Dan Ernst
David E Bernstein, George Mason University Antonin Scalia Law School, has posted Class Legislation, Fundamental Rights, and the Origins of Lochner and Liberty of Contract, which appears in the George Mason Law Review 26 (2019): 1923-1047:While legal scholars and historians have criticized many judicial doctrines from the pre-New Deal period, critics have been especially scathing in their attacks on the “liberty of contract” doctrine enforced most famously in Lochner v. [read post]
7 May 2020, 9:01 pm by Austin Sarat
As the late Supreme Court Justice Antonin Scalia once noted, the “Executive has the power (whether or not it has the right) effectively to nullify some provisions of the law by the failure to prosecute. [read post]