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3 Jul 2023, 10:49 pm by Josh Blackman
Rev. 1, 35–36 (2014) (collecting statements from Justice Scalia); cf. [read post]
3 Jul 2023, 6:09 pm by Josh Blackman
 And, Chief Justice Roberts observed, "no party asks us to reconsider" that statement from Gratz. [read post]
27 Jun 2023, 9:34 am by Michael C. Dorf
Gore, Chief Justice Rehnquist, joined by Justices Scalia and Thomas, wrote a concurrence that rejected the ordinarily complete deference that federal courts give to state courts in construing state law. [read post]
27 Jun 2023, 9:01 am by Amy Howe
Roberts agreed that the court did have the power to decide the case on the merits. [read post]
25 Jun 2023, 9:51 pm by Tom Smith
My own law school has organized similar programs in the past with Chief Justice Roberts and Justice Ginsburg. [read post]
24 Jun 2023, 3:32 am by SHG
Roberts (1980) imposed a “reliability” standard to determine whether out-of-court testimony could be introduced. [read post]
23 Jun 2023, 9:32 pm by Josh Blackman
Roberts (1980) imposed a "reliability" standard to determine whether out-of-court testimony could be introduced. [read post]
20 Jun 2023, 9:01 pm by Albert W. Alschuler
The Court’s opinion by Justice Antonin Scalia declared: “[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons. [read post]
19 Jun 2023, 8:56 pm by Josh Blackman
After all, Barr could only rely on Morrison, and Justice Scalia's dissent. [read post]
19 Jun 2023, 11:39 am by Josh Blackman
In that case, there were so many respectful, but pointed back-and-forths between Scalia and Thomas. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
Indeed, some Roberts Court rulings construe the Appointments Clause in ways that rely on a version of the unitary executive theory. [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
Olson over a spirited unitary-executive dissent by Justice Scalia. [read post]
12 Jun 2023, 3:17 am by SHG
But CJ Roberts raised this as a concern, which it is, rather than a stand alone basis to refuse a code of ethics. [read post]
10 Jun 2023, 4:59 am by jonathanturley
First, if Justice Antonin Scalia had not died shortly before the release of the opinion, the vote would have been 4-4 (and 5-4 with Kagan). [read post]
7 Jun 2023, 1:35 pm by Amy Howe
As he has in years past, Chief Justice John Roberts earned income from an Irish cottage in which he owns a share and from a Maine vacation home. [read post]
7 Jun 2023, 6:30 am by Guest Author
Based on our review of the poor state of distributional analysis to date, my coauthor Robert Hahn and I speculate that agencies have not felt much pressure to do this analysis and have lacked the requisite data and resources to do it well. [read post]
6 Jun 2023, 4:30 am by Guest Author
(Draft A-4 at 5-7, 46-47, 61-64) The necessary implication of all of this is that formal CBA is but one tool in the toolbox of decision frameworks that agencies have at their disposal and, in the words of Justice Scalia, it is “up to the agency to decide how to account for costs [and benefits]” by choosing among the wide array of tools available. [read post]