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4 May 2023, 9:51 pm by Ilya Somin
As discussed in my previous post, O'Connor endorsed a very broad view of public use in her opinion for the Court in Hawaii Housing Authority v. [read post]
4 May 2023, 9:05 pm by renholding
It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal.[1] The basis for this argument derives from the fiduciary duty of loyalty and its corollary, the “sole interest” or “exclusive benefit” rule, enshrined in both federal and state law, which prohibits fiduciaries from investing for any purpose other than the financial well-being of the beneficiary. [read post]
4 May 2023, 9:01 pm by Vikram David Amar
But perhaps more importantly, Justice O’Connor’s abandonment (apparently with Justice Kennedy’s encouragement) of ISL shows us there was never a majority of Justices at the time of B v. [read post]
4 May 2023, 10:00 am by James Kachmar
On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. [read post]
4 May 2023, 4:00 am by Eric Segall
 By Eric SegallTwenty years ago, Justice Sandra Day O'Connor wrote the following in Grutter v. [read post]
2 May 2023, 5:40 pm by Sabrina I. Pacifici
In one notation, Stevens seemed to report that conservative Justice Clarence Thomas said the Florida Supreme Court “did not give us an option” because of the way it decided the case. [read post]
1 May 2023, 1:04 pm by Ilya Somin
Today the Supreme Court decided to hear Loper Bright Enterprises v. [read post]
26 Apr 2023, 2:39 pm by Josh Blackman
(He has a bad habit of ignoring unhelpful precedent; See U.S. v. [read post]