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3 Mar 2024, 6:00 am by Lawrence Solum
  In that context, the baseline problem is strongly associated with Cass Sunstein, and especially with his analysis of the United States Supreme Court's decision in Lochner v. [read post]
1 Mar 2024, 5:16 pm by Tom Ginsburg
The famous Brandeis brief appears around that time, in such cases as Muller v. [read post]
29 Feb 2024, 4:59 am by John Coyle
Meanwhile, lower courts struggled with how to fit the Supreme Court’s 1922 decision in United States v. [read post]
29 Feb 2024, 4:05 am by Frank Cranmer
We in this country continue to owe a debt to the jury which in 1670 refused to convict the Quakers William Penn and William Mead for preaching ideas which offended against state orthodoxy” If the manifestation of religion in the form of street preaching is deemed offensive to some then the notion that the law would not protect such individuals as posited by Sedley L.J would not be worth having at all. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
It is profoundly gratifying to have the “mechanics of craft” by which these volumes sought to extract a convincing narrative from “inherently overlapping and inextricably intertwined thematic doctrinal material” recognized and appreciated by so exceptional an historian as William Novak. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
  Later the same year the even more conservative and inflexible Pierce Butler replaced the moderate William R. [read post]
22 Feb 2024, 10:13 am by Peter S. Lubin and Patrick Austermuehle
Williams Staffing, LLC, it was established that a company can state a claim against a competitor for tortious interference by alleging that the competitor purposely interfered with prospective business relations through various means, causing the company to lose future business. [read post]
21 Feb 2024, 9:00 am by William Banks
This history is analyzed in greater depth in , Soldiers on the Home Front: The Domestic Role of the American Military (2016) by William C. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]