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21 Jun 2023, 12:28 pm
She quoted two clerks from that term, Cristina Rodriguez (O'Connor) and Adam Mortara (Thomas). [read post]
See(2)(A) You Later: Supreme Court Holds that DOJ Has Broad Dismissal Authority Even After Unsealing
21 Jun 2023, 9:59 am
” Dissent and Concurrence In recent years, Justice Thomas has authored the majority opinion in several of the FCA cases that have come before the Court. [read post]
21 Jun 2023, 4:00 am
Continue reading The post Can a Witness to an Accident Seek Damages in Court? [read post]
20 Jun 2023, 7:09 pm
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between April 1, 2023 and June 30, 2023. [read post]
20 Jun 2023, 3:10 pm
Read More False Claims Act I Think I Have a Whistleblower Case Contact Us Confidentially Read Supreme Court Clarifies Government’s Right to Dismiss False Claims Act Cases Brought by Whistleblowers at constantinecannon.com [read post]
20 Jun 2023, 10:15 am
Justice Thomas, writing for a unanimous Supreme Court, rejected this interpretation of the FCA and Safeco and held that “[w]hat matters for an FCA case is whether the defendant knew the claim was false. [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
20 Jun 2023, 5:25 am
Thomas, in which the five dissenting judges stated that because “state courts lack jurisdiction to hear Exchange Act claims … the bylaw provision is a litigation bridge to nowhere, depriving shareholders of any forum in which to pursue derivative claims. [read post]
19 Jun 2023, 8:56 pm
There are very good arguments to be made that Marshall did not offer the best reading of the Judiciary Act of 1789. [read post]
19 Jun 2023, 3:18 pm
State Senator Julie Morrison, who backed the bill in response to the Highland Park mass shooting last year, said it would help protect communities. *** Read more… [read post]
19 Jun 2023, 12:42 pm
Reminds me of the era when Justice Kennedy was in charge, and we tried to read tea leaves in his concurrences. [read post]
19 Jun 2023, 11:39 am
I've now finished reading and thinking about the entire decision. [read post]
19 Jun 2023, 11:15 am
” Justices Clarence Thomas and Samuel Alito dissented. [read post]
19 Jun 2023, 8:55 am
Justice Thomas authored an opinion concurring in the judgment and was joined by Justice Gorsuch. [read post]
19 Jun 2023, 6:30 am
One can read this element of Calhoun’s theory of nullification as doing little more than operationalizing Madison’s vague formula, “to interpose, for arresting the progress of” an unconstitutional law, with a specific procedure.Professor Fritz contends that this proto-nullification reading of Madison’s Third Resolution distorts it. [read post]
19 Jun 2023, 6:00 am
As I detail here (and as relied upon by Justices Gorsuch and Thomas in their opinions (see slip opinion for Gorsuch at 34 & 36 and Thomas at 9)), the Constitutional Convention intentionally chose not to include an Indian Affairs Clause as it was found in the Articles of Confederation. [read post]
19 Jun 2023, 2:00 am
The Guardian coverage can be read here. [read post]
18 Jun 2023, 9:01 pm
He read the FCA to give the government the power to dismiss only those lawsuits it takes over at the outset. [read post]
17 Jun 2023, 6:03 pm
(You may have read about that home in Savannah.) [read post]
17 Jun 2023, 4:30 pm
I felt like I was reading a Professor grading a student's paper. [read post]
