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28 Sep 2022, 6:35 am by jonathanturley
” At most, this is ambiguous where a court is likely to adopt the narrower meaning under the interpretative canon of noscitur a sociis. [read post]
10 May 2010, 7:25 am
Alaska Supreme Court, 740 P.2d 437 (Alaska 1987) (court appointment of an attorney to represent an indigent criminal defendant was an unconstitutional taking); Stephan v. [read post]
6 May 2016, 1:50 pm by JB
" Most voters have never read a Supreme Court opinion. [read post]
28 Mar 2012, 3:13 pm by Sandy Levinson
I assume, incidentally, that all of the RepublicanFive reject Isaiah Berlin and other pluralists who find it impossible to reduce the world to a single dominant principle that one applies to the bitter end.Consider Justice Stone’s canonical dissent in US v Butler:A tortured construction of the Constitution is not to be justified by recourse to extreme examples of reckless congressional spending which might occur if courts could not prevent—expenditures… [read post]
21 Apr 2022, 6:30 am by Guest Blogger
 Affordable health care for all shouldn’t just be defended in court as constitutionally permissible; it should be promoted in Congress as constitutionally required. [read post]
12 Aug 2024, 3:00 am by Rebecca Fisher-Gabbard
The Court ruled 6-3 for the city, with all the conservative justices joining Justice Gorsuch’s majority opinion, and the three liberal justices signing on to Justice Sotomayor’s dissent. [read post]
10 Oct 2010, 9:47 pm by Simon Gibbs
In Crane v Canons Leisure Centre [2007] EWCA Civ 1352 the Court was concerned with whether work undertaken by independent costs draftsmen (referred to in the judgment as costs consultants and apparently not members of the ALCD) could be treated as part of the instructing solicitors’ profit costs such as to attract a success fee. [read post]
Part II argues that, applying the major questions doctrine as the Court has done in recent opinions such as NFIB v. [read post]
11 Aug 2024, 3:38 am by jonathanturley
” Critics charged that Walton’s public statements ran afoul of Canon 3A(6) of the Code of Conduct for United States Judges, which states: “A judge should not make public comment on the merits of a matter pending or impending in any court. [read post]
7 Dec 2018, 12:30 pm by John Floyd
Exception to At Will Employment   In 1985, the Texas Supreme Court in Sabine Pilot v. [read post]
27 Jun 2024, 9:07 pm by Adam Levitin
 The Justices are all too aware of their own lack of expertise on specific subjects, much less policy matters, so they resort to statutory reading as their primary crutch. [read post]
12 Aug 2013, 10:32 am by Steven M. Taber
  Even then, Supreme Court Justice Scalia has been critical of using legislative history to interpret statutory language. [read post]
12 Aug 2013, 10:32 am by Steven M. Taber
  Even then, Supreme Court Justice Scalia has been critical of using legislative history to interpret statutory language. [read post]
14 Aug 2022, 1:26 am by Frank Cranmer
David Lamming has posted a long comment on the implications of a Civil Procedure Order for ecclesiastical proceedings: specifically, whether the words “any court” in section 42(1A) include a consistory court. [read post]