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26 Jun 2013, 12:37 pm by Howard Wasserman
Justice Scalia spends the last part of his standing discussion in Windsor criticizing Justice Alito's separate dissent arguing that BLAG (although not the United States) had standing to appeal to the Second Circuit and to SCOTUS. [read post]
26 Jun 2013, 11:24 am by Larry Tribe
And the conclusion of Chief Justice Roberts’ majority opinion in Hollingsworth v. [read post]
26 Jun 2013, 9:52 am by Alena Wolotira
He went on further to say that "[w]e decline to do so for the first time here" and concluded that the Ninth Circuit did not have the jurisdiction to consider the original appeal, vacating its decision, and remanding it back to the Ninth Circuit with instructions to dismiss the appeal for lack of jurisdiction.The Supreme Court decision in Hollingsworth v. [read post]
26 Jun 2013, 8:52 am
Roberts and Scalia and Thomas and Alito dissenting. [read post]
26 Jun 2013, 7:20 am by Howard Wasserman
Waiting on Hollingsworth, although language from the Roberts dissent in Windsor indicates that case dismissed on standing grounds.Update: Yep--Petitioners in Hollingsworth lacked standing to appeal the district court decision. [read post]
25 Jun 2013, 2:49 pm by Gregory Forman
 Father was a member of the Cherokee Nation and the issue on appeal was whether the Indian Child Welfare Act of 1978 (ICWA) applied despite the child never being in father’s custody prior to the adoption request. [read post]
25 Jun 2013, 2:05 pm by Michael Fox
The biggest error is this:The university medical center appealed, saying that for Dr. [read post]
25 Jun 2013, 1:04 pm
Based on CGI's experience with the RAC program, Robert Rolf, a Vice President at CGI, also shared observations and lessons learned with the Committee. [read post]
25 Jun 2013, 11:31 am by Mark Walsh
Court of Appeals for the First Circuit, in Boston. [read post]
25 Jun 2013, 6:52 am
Chief Justice Roberts, joined by two other judges, filed a dissenting opinion, which criticized the majority’s approach, stating that the correct approach would have been to assess whether the settlement gave the patentee a monopoly power beyond that awarded by its patent. [read post]
24 Jun 2013, 4:06 pm by Josh Douglas
The legacy of the Roberts Court may be one of strategic compromise. [read post]
24 Jun 2013, 8:36 am by Ken White
Hence when eighteen-year-old anti-draft protestor Robert Watts said back in August 1966 "I am not going. [read post]
22 Jun 2013, 7:02 am by Benjamin Wittes
We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. [read post]
21 Jun 2013, 3:00 pm by rhall@initiativelegal.com
After some odd bedfellow-ing in recent Fourth Amendment decisions, the Court returned to its familiar split, with Justices Alito, Thomas and Kennedy joining Scalia, along with Chief Justice Roberts. [read post]