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4 Feb 2024, 1:01 pm
As a threshold matter, this provision expressly contrasts between Senators and Representatives, who are elected, and "any civil Office[s] under the Authority of the United States," which are appointed. [read post]
2 Feb 2024, 5:00 am
It is simply a matter of swapping out justices like light bulbs before they burn out. [read post]
1 Feb 2024, 12:01 pm
Law matters, which is all one can ask of a court. [read post]
31 Jan 2024, 2:03 pm
Judge Gorsuch’s majority opinion, which was joined by Justices Clarence Thomas, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett, held that “a” Notice to Appear must contain the date and time of the hearing in order to confer jurisdiction of the matter to the Immigration Court. [read post]
27 Jan 2024, 7:54 pm
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
25 Jan 2024, 5:01 am
As such, it is entitled to little weight as a matter of stare decisis. [read post]
23 Jan 2024, 8:53 am
Justice Alito authored the majority opinion and was joined by justices Thomas, Gorsuch, Barrett, and Roberts. [read post]
18 Jan 2024, 11:11 pm
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
16 Jan 2024, 5:20 am
Further, WCAB Rule 10742(e) warns that failure to comply with the above requirements may result in sanctions and costs as well as having the matter be taken off calendar. [read post]
13 Jan 2024, 4:31 pm
Finally, the Court ordered the Ministry of Information and Communications Technologies, the National Spectrum Agency, and the Ministry of Defense to respond publicly on these pending matters. [read post]
12 Jan 2024, 7:31 am
In our brief, we explain how the Court has rightly left it to Congress to determine when and how income gets measured; realization is then defined by Congress in a variety of ways throughout the code as a matter of administrative convenience. [read post]
12 Jan 2024, 3:08 am
Many courts over the years have assumed that the law requires “significant” or “material adverse action” by the employer—even though these terms aren’t in the statute—and have ruled that the only actions “adverse” enough to matter are those that reduce the employee’s earnings: firing, demotion, suspension, disciplinary docking of pay and so forth. [read post]
10 Jan 2024, 2:48 pm
Justice Elena Kagan agreed, noting that with the exception of a single citation, in the state courts “everything was about the truth of the matter asserted. [read post]
10 Jan 2024, 1:27 am
Barrett Jr. [read post]
9 Jan 2024, 9:01 pm
[This post is co-authored with Professor Seth Barrett Tillman] In our view, the phrase "Officers of the United States" does not refer to the President. [read post]
9 Jan 2024, 12:05 pm
Ct. 2355, 2376–84 (2023) (Barrett, J., concurring). [read post]
9 Jan 2024, 11:59 am
As a threshold matter, Respondents have some explaining to do. [read post]
9 Jan 2024, 8:24 am
The Barrett v. [read post]
7 Jan 2024, 10:13 am
To be truly impactful, however, you need the other C-level executives to see you not as a narrow subject matter expert to be consulted only on legal matters, but rather as a peer and adviser who also brings specialized knowledge. [read post]
4 Jan 2024, 12:50 pm
Worley] [This post is co-authored with Seth Barrett Tillman] Recently, James Heilpern and Michael T. [read post]
