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18 Mar 2024, 9:36 pm by Ilya Somin
UPDATE: In the original version of this post, I accidentally attributed a statement by Justice Elena Kagan to Justice Ketanji Brown Jackson. [read post]
14 Mar 2024, 1:48 pm
Sure, the California Supreme Court said X in Hatch, and this case is very much like X, and as a general matter, lower state courts are bound to follow superior state tribunals.But not when there's an intervening decision of an even higher court; in this case, the United States Supreme Court. [read post]
12 Mar 2024, 12:46 pm by admin
  State court analogues to these rules replicated the debate in state courts around the country. [read post]
8 Mar 2024, 10:18 am by Eugene Volokh
B.J.F. (1989) ("[W]here a newspaper publishes truthful information which it has lawfully obtained, punishment may lawfully be imposed, if at all, only when narrowly tailored to a state interest of the highest order. [read post]
8 Mar 2024, 5:15 am by Daniel Spiegel
In the aftermath of the murder of George Floyd, there was renewed interest in the doctrine of qualified immunity. [read post]
6 Mar 2024, 9:01 pm by renholding
Today’s rule is the culmination of efforts by various interests to hijack and use the federal securities laws for their climate-related goals. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
And states in particular have less of an interest in presidential elections, simply because they are national offices, and the notion that states could adjudicate qualifications make these determinations and contested factual claims, and then reach kind of a patchwork result across the United States, not something that makes a whole lot of sense structurally.That was Part II-B of the per curiam opinion, joined in full by Justice Barrett, and joined again in logic,… [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
And states in particular have less of an interest in presidential elections, simply because they are national offices, and the notion that states could adjudicate qualifications make these determinations and contested factual claims, and then reach kind of a patchwork result across the United States, not something that makes a whole lot of sense structurally.That was Part II-B of the per curiam opinion, joined in full by Justice Barrett, and joined again in logic,… [read post]
6 Mar 2024, 3:00 am by jonathanturley
Jonathan Turley is the Shapiro professor of Public Interest Law at George Washington University. [read post]
6 Mar 2024, 1:11 am by David Pocklington
Given his decision to refuse a faculty to remove all of the pews, the Chancellor stated that the Petitioners may wish to re-think their proposals in respect of the heating. [read post]
28 Feb 2024, 3:41 pm by Ronald Mann
Justice Ketanji Brown Jackson queried: “Don’t you have to say something? [read post]
28 Feb 2024, 2:53 pm by Patricia Hughes
(Hameed, para. 20) The Parties Justice Brown granted Hameed public interest standing: there is a serious justiciable issue; Hameed has a s [read post]