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[Anthony Sanders] Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big Picture

19 May 2023, 5:01 am by Anthony Sanders

—The King & I The post Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big Picture appeared first on Reason.com. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Against Incommensurability in the Prop 12 Case and Beyond

19 May 2023, 4:00 am by Michael C. Dorf

But that's surely a big part of what's going on. [read post]

Dorf on Law - http://www.dorfonlaw.org/

The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

18 May 2023, 1:21 pm by Eric Goldman

Twitter, Inc. v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Center for Biological Diversity v. USFWS (9th Cir. - May 17, 2023)

18 May 2023, 12:50 pm

The Rosemont Copper Company wants to build a big copper mine and copper processing facilities in the Santa Rita mountains in Arizona. [read post]

California Appellate Report - http://calapp.blogspot.com/

[Eugene Volokh] Baby Ninth Amendments Part IV: All the Rights but Not ALL the Rights

18 May 2023, 5:01 am by Eugene Volokh

More on that in Part V tomorrow, plus some big picture thoughts. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] How Did Justice Gorsuch Lose A Majority In National Pork Producers?

12 May 2023, 2:54 pm by Josh Blackman

Now we know that Thomas and Gorsuch are big skeptics of the Dormant Commerce Clause doctrine. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Embedded appellate counsel article

12 May 2023, 11:01 am

Dismissal of an appeal -- It makes a big difference, as seen in this unpub from 1/5 today. [read post]

Southern California Appellate News - http://socal-appellate.blogspot.com/

[Jonathan H. Adler] SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

11 May 2023, 9:07 am by Jonathan H. Adler

Presumably this is because he is holding one or more big-ticket cases for himself. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Law and Media Round Up – 8 May 2023

8 May 2023, 12:22 am by INFORRM

The piece argues Big Tech companies get away with invading your intimate business — and the law offers in [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

[Ilya Somin] What I Learned from Justice Stevens' Papers on Kelo v. City of New London

4 May 2023, 9:51 pm by Ilya Somin

There are two big revelations. [read post]

The Volokh Conspiracy - http://www.volokh.com/

ESG Investing Clearly Serves Pecuniary Interests

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]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

More Developments in Moore (v. Harper), and the Central Role Justice Anthony Kennedy Has Played in Addressing the “Independent State Legislature” Theory (ISL) that Moore Raises

4 May 2023, 9:01 pm by Vikram David Amar

”Not only does Justice O’Connor’s apparent change of mind confirm that ISL theory has never commanded a majority of Justices in a case where ISL would affect the outcome, it also helps explain the only big ISL case that the Court has decided since B v. [read post]

Verdict - http://verdict.justia.com/

The Three-Body Problem: Platform Litigation and Absent Parties

4 May 2023, 5:16 am by Daphne Keller

Paxton and Moody v. [read post]

Lawfare - http://www.lawfareblog.com/

Political Polarization, Legal Education, and a Few Modest but Serious Proposals

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]

Dorf on Law - http://www.dorfonlaw.org/

[Ilya Somin] What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London

3 May 2023, 11:49 am by Ilya Somin

One of the cases decided in 2005 was Kelo v. [read post]