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4 May 2023, 9:51 pm by Ilya Somin
In my view, outlined in my book about Kelo,  the Thomas dissent is the best of the four opinions in the case. [read post]
4 May 2023, 9:01 pm by Vikram David Amar
G) case, in which a concurring opinion by Chief Justice William Rehnquist (joined by Justices Antonin Scalia and Clarence Thomas) hurriedly planted seeds that would become the weed that is modern ISL theory. [read post]
4 May 2023, 11:54 am by Josh Blackman
In Thomas's view, disclosure enables retaliation for constitutionally-protected activity. [read post]
4 May 2023, 4:00 am by Eric Segall
Are conservatives really going to learn from Thomas or Gorsuch sounding off about originalism and are liberals really going to learn anything from Sotomayor or Kagan sounding off about the importance of empathy in judging and how cases are not as easy as the formalists on the other side suggest? [read post]
3 May 2023, 11:49 am by Ilya Somin
Justice Antonin Scalia, the Court's leading advocate of originalism at the time, joined Justice O'Connor's mostly non-originalist dissent, but did not join Justice Clarence Thomas's much more originalist (and in my view much stronger) dissenting opinion. [read post]
3 May 2023, 7:19 am by Chris Dreyer
While some may view ChatGPT as a threat, forward-thinking lawyers see it as an opportunity to transform their work. [read post]
2 May 2023, 10:04 am by Derek T. Muller
(Due to size of chart, results may be best viewed on a desktop or on a phone turned sideways.) [read post]
2 May 2023, 10:04 am by Derek T. Muller
(Due to size of chart, results may be best viewed on a desktop or on a phone turned sideways.) [read post]
1 May 2023, 8:54 am by Amy Howe
In its view, the jury should have been instructed that Murray had to prove that UBS fired him because it intended to retaliate against him. [read post]
28 Apr 2023, 2:24 pm by Josh Blackman
[If Justice Thomas is the intellectual leader of the Supreme Court, Justice Alito is its heart.] [read post]
27 Apr 2023, 9:04 am
"Here is an inspiring (although slightly gruesome) example: Under bloody Queen Mary, Archbishop Thomas Cranmer, the author of the lovely Anglican prayer book, was burned at the stake for his protestant views despite signing false confessions of faith in Catholic doctrine. [read post]
26 Apr 2023, 2:39 pm by Josh Blackman
Hughes wrote: I have not been able to consult with the members of the Court generally with respect to the foregoing statement, but I am confident that it is in accord with the views of the justices. [read post]
26 Apr 2023, 6:30 am by Guest Blogger
Respectfully discuss difficult issues; come to see another’s point of view; imagine possibilities beyond our own short-term self-interest. [read post]