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28 Jun 2014, 4:24 am
In describing Posner’s challenge to the puzzle, Will Baude refers to Justice Scalia’s concurrence in California v. [read post]
27 Jun 2014, 12:31 pm
Over at Slate’s “breakfast table” series (there is no breakfast table), Judge Richard Posner has a post about Riley v. [read post]
27 Jun 2014, 7:51 am
Commentary comes from Noah Feldman of Bloomberg View; Mark Tushnet of Balkinization; Will Baude at the Volokh Conspiracy; Eric Posner at Slate; Daniel Fisher of Forbes; Terry Eastland at the Weekly Standard; Leland Beck for the Federal Regulations Advisor; Douglas Topolski for the Ogletree Deakins blog; David French for the National Review; Ilya Somin at the Volokh Conspiracy; Jeff Shesol of the New Yorker; Peter Shane at RegBlog; Patrick Caldwell at Mother Jones; Allison Bernstein at… [read post]
27 Jun 2014, 7:50 am
UPDATE: Co-blogger Will Baude notes the truly remarkable parentheticals that accompany the footnote. [read post]
27 Jun 2014, 7:06 am
As promised yesterday, I have more extended thoughts about Noel Canning as part of SCOTUSBlog’s symposium on the decision. [read post]
26 Jun 2014, 10:11 am
My co-bloggers Orin Kerr and Will Baude have taken a negative line on the decision, and I agree. [read post]
26 Jun 2014, 8:43 am
As Jonathan notes, the Supreme Court unanimously decided NLRB v. [read post]
25 Jun 2014, 7:15 pm
Commentary comes from Noah Feldman of Bloomberg View, Garrett Epps at The Atlantic, Orin Kerr of the Volokh Conspiracy, Ilya Shapiro at the Cato Institute, Jim Harper at the Cato Institute, Eric Posner at Slate, Ian Millhiser at Think Progress, Charles Cooke at National Review, Will Baude at the Volokh Conspiracy, Andrea Peterson at The Washington Post, Doug Kendall at The Washington Post, and Hadar Aviram at PrawfsBlawg. [read post]
25 Jun 2014, 2:05 pm
As co-blogger Will Baude points out, today the US Court of Appeals for the Tenth Circuit became the first federal appellate court to strike down a state law banning same-sex marriage since the Supreme Court’s landmark decision in United States v. [read post]
25 Jun 2014, 1:54 pm
My colleague Eric Posner has this criticism of the Supreme Court’s decision in Riley: The court applies a balancing test in Fourth Amendment cases, under which the police can search a person without obtaining a warrant if the degree to which the search intrudes upon privacy is less than the degree to which the search is needed for a legitimate government interest—typically, in catching criminals and protecting police from danger. [read post]
25 Jun 2014, 9:42 am
Today’s Supreme Court opinions have a lot of interesting food for thought in them. [read post]
24 Jun 2014, 5:55 am
While everybody else was reading about greenhouse gases, defrauding banks and efficient markets, I was perusing Monday’s Supreme Court orders list. [read post]
20 Jun 2014, 5:55 am
Nicholas Parrillo seems to be everywhere these days. [read post]
19 Jun 2014, 10:05 am
In federal court, both parties normally bear their own litigating expenses, a principle known as the “American rule. [read post]
12 Jun 2014, 5:25 am
Federal courts of appeals normally hear and decide cases in three-judge panels. [read post]
11 Jun 2014, 3:35 pm
I share some of Orin’s misgivings about the recent state court decision in Vergara v. [read post]
11 Jun 2014, 11:53 am
., Olivier Baud, Laurence Laurence Foix l’Hélias, et al., “Antenatal Glucocorticoid- Treatment and Cystic Periventricular Leukomalacia in Very Premature Infants,” 341 New Engl. [read post]
8 Jun 2014, 2:01 pm
This isn’t related to the core enumerated powers questions in Bond but struck me as sufficiently interesting that it was worth posting about separately. [read post]
6 Jun 2014, 6:06 pm
” Olivier Baud, Laurence Laurence Foix l’Hélias, et al., “Antenatal Glucocorticoid- Treatment and Cystic Periventricular Leukomalacia in Very Premature Infants,” 341 New Engl. [read post]
6 Jun 2014, 6:49 am
I recently read and enjoyed Rick Pildes’s article in the Supreme Court Review: Institutional Formalism and Realism in Constitutional and Public Law. [read post]
