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11 Jul 2011, 8:33 am by Kevin Johnson - Guest
Writing for the Court in an opinion joined by Justices Scalia, Kennedy, Thomas (who joined the holding and most of the opinion), and Alito, Chief Justice John Roberts focused on the plain meaning of IRCA’s preemption provision. [read post]
6 Jul 2011, 2:59 am
A third possibility was that Stx2d activatable STEC strains had an unknown virulence factor that replaced the intimin functionality.The first characterization by the Robert Koch Institute of the German O104:H4 outbreak strain included the notation that it was also eae (-), lacking intimin. [read post]
28 Jun 2011, 3:02 pm by Rick Hasen
  I think the answer is that campaign finance regulation comports with all three strands of conservatism that Jeff identifies: Thomas’s Tea Party conservativism, Kennedy’s libertarianism, and the Scalia, Alito, Roberts pro-executive power/pro-business conservatism. [read post]
27 Jun 2011, 7:27 am by Eugene Volokh
Justices Thomas and Breyer dissented; Justice Alito, joined by Chief Justice Roberts, concurred in the judgment. [read post]
24 Jun 2011, 5:12 pm by Richard D. Friedman
But Justice Ginsburg treats the matter delicately, presumably because formality was (unfortunately) essential for Justice Thomas’s vote. [read post]
24 Jun 2011, 1:50 am
Fourth, Chief Justice Roberts assembled a majority that firmly rejected the creeping erosion of Article III judicial power advocated by the dissent and reflected in Thomas v. [read post]
23 Jun 2011, 11:46 am by Lisa Larrimore Ouellette
Mark Lemley (Stanford)Thomas Field (New Hampshire)Ted Sichelman (UCSD)Peter Menell (Berkeley)Robert Merges (Berkeley)Lee Petherbridge (Loyola)Gregory Mandel (Temple)Dennis Crouch (Missouri)Scott Hemphill (Columbia)Dan Burk (Irvine)Rochelle Dreyfuss (NYU)Jason Rantanen (Iowa)Jay Kesan (Illinois)Shamnad Basheer (West Bengal National University)James Bessen (Research on Innovation)Gideon Parchomovsky (Penn)Ralph Clifford (U Mass Dartmouth)Jonathan Masur (Chicago)Ronald Mann… [read post]
23 Jun 2011, 10:00 am by Julia Zebley
Justice Clarence Thomas delivered the opinion of the court, except for Part III-B-2, which only Chief Justice John Roberts, Justice Samuel... [read post]
23 Jun 2011, 9:23 am by FDABlog HPM
In a 5-4, 20-page landmark majority decision delivered by Justice Clarence Thomas (joined in full by Chief Justice Roberts and Justices Scalia and Alito and and as to all except for Part III-B-2 by Justice Kennedy), the Court invoked the doctrine of impossibility preemption to hold that federal drug regulations applicable to generic drug manufacturers directly conflict with, and thus preempt, state tort-law claims based on drug manufacturers’ alleged failure to… [read post]
23 Jun 2011, 8:03 am
Justice Clarence Thomas delivered the opinion of the Court except as to part III-B-2 in Pliva, Inc. v. [read post]
22 Jun 2011, 5:16 am by Rob Robinson
http://t.co/DU6iuu7 (Leonard Deutchman) Technology and Tactics 6 Ways to Make Your Next IT Audit a Success - http://tinyurl.com/3rh5shx (B&L Blog) 82% of Conversations Word of Mouth Reputation are Face-to-Face - http://t.co/HsLYGJC (Kevin O'Keefe) An ECM Perspective on ERM: Your Penchant for Over Retaining is Costing You - http://t.co/3wkJ99z (Susan Goodman) An Update on Cloud Service Provider Controls - http://tinyurl.com/3qcmqzm (Thomas Shaw) Authentication Bug Briefly… [read post]
21 Jun 2011, 7:58 am by Nabiha Syed
Briefly: The Blog of Legal Times reports on a panel on the Roberts Court and the First Amendment, held last weekend at the American Constitution Society’s annual meeting. [read post]
20 Jun 2011, 8:23 am by Seyfarth Shaw LLP
Supreme Court’s Decision The opinion, authored by Justice Scalia and joined in by Justices Roberts, Kennedy, Thomas, and Alito, addresses two primary questions: (1) whether the order certifying a class conforms to the requirements of Federal Rule of Civil Procedure 23(a); and (2) whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) and, if so, under what circumstances. [read post]
20 Jun 2011, 7:32 am by Josh Blackman
Justice Thomas wrote for Justice Scalia, and for Chief Justice Roberts and Justice Alito as to Parts I-B and II (this dissenting duo did not write separately). [read post]
20 Jun 2011, 7:28 am by David Lat
Here is some background about the case, one of the most closely watched of this Term, and here is the opinion of the Court.Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. [read post]