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26 Dec 2018, 5:53 am
In a New York Times op-ed last Friday, we wrote that William Barr, who served as attorney general under President George H.W. [read post]
20 Dec 2018, 6:04 am
Under established principles of statutory construction, a later, more specific statutory scheme, such as the asylum provisions enacted in 1980 and 1996, should prevail over an earlier general provision (see Justice Antonin Scalia’s opinion for the court in RadLAX Gateway Hotel v. [read post]
19 Dec 2018, 9:21 am
They wanted Bush to nominate a justice in the mold of Justice Antonin Scalia, who joined the court four years before Souter, or Judge Robert Bork, the conservative judicial thinker whose nomination was defeated by the Senate in 1987. [read post]
19 Dec 2018, 3:12 am
I also was surprised -- but not disappointed -- that Judge Srinivasan, who was on President Obama’s shortlist to replace Antonin Scalia on the Supreme Court, wrote a dissent that one might have expected from Scalia himself.5. [read post]
18 Dec 2018, 9:02 pm
The Evil Spirits of the Modern Daily Press (Puck Magazine 1888)On October 18, 2018, I participated in a presentation entitled “Free Speech and Originalist Jurisprudence” at the University of Wisconsin-Stout along with Professor Alan Bigel (UW-Lacrosse). [read post]
18 Dec 2018, 1:00 am
Justice Antonin Scalia wrote on behalf of the Court. [read post]
13 Dec 2018, 11:16 am
Justices Stephen Breyer and Thurgood Marshall have the next most with five each, while Justice Antonin Scalia leads in decisions vacating the lower court’s rulings with four. [read post]
12 Dec 2018, 8:41 am
The Buono Court, thus, had no occasion to judge the constitutional propriety of the Mojave Cross display, although that did not stop Justice Antonin Scalia from questioning the respondents’ counsel about the cross’s meaning during oral argument. [read post]
11 Dec 2018, 11:45 am
Yun, George Mason University - Antonin Scalia Law School, Faculty study Square... [read post]
11 Dec 2018, 10:03 am
” The late Justice Antonin Scalia had pronounced a consonant, but more colorful, conclusion, comparing the so-called “Lemon test” that (some) justices (sometimes) apply in establishment-of-religion cases to a “ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried,” to frighten little children and attorneys alike. [read post]
10 Dec 2018, 9:30 pm
With Auer, “the incentive is to speak vaguely and broadly, so as to retain a ‘flexibility’ that will enable ‘clarification’ with retroactive effect,” reasoned the late Justice Antonin Scalia in a 2013 opinion. [read post]
Justices to consider constitutionality of cross-shaped war memorial on public land: In Plain English
10 Dec 2018, 10:54 am
” Since then, the court has both tweaked the Lemon test and criticized it, with the late Justice Antonin Scalia famously comparing it to a “ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried. [read post]
5 Dec 2018, 11:30 am
Court of Appeals for the District of Columbia Circuit; George Mason University - Antonin Scalia Law School, Faculty and John Taladay, Baker Botts discuss The Enduring Vitality of Comity in a Globalized World. [read post]
4 Dec 2018, 6:27 am
Court of Appeals for the District of Columbia Circuit and Professor of Law at the Antonin Scalia Law School, George Mason University. [read post]
3 Dec 2018, 9:30 pm
Adam Mossoff, George Mason University Antonin Scalia Law School, has posted Statutes, Common-Law Rights, and the Mistaken Classification of Patents as Public Rights, which is forthcoming in the Iowa Law Review:Patents are increasingly swept up into the operations of agencies in the modern administrative state. [read post]
29 Nov 2018, 8:56 am
Justice Sonia Sotomayor noted an opinion from the late Justice Antonin Scalia that said “For the Eighth Amendment to limit cash fines while permitting—permitting limitless in-kind assessments would make little sense. [read post]
28 Nov 2018, 11:11 am
Louisiana, the chief justice sided with a conservative majority led by Justice Antonin Scalia to overrule the Supreme Court’s prior decision in Michigan v. [read post]
23 Nov 2018, 8:45 am
Muris, George Mason University, Antonin Scalia Law School asks Will the FTC’s Success Continue? [read post]
21 Nov 2018, 7:35 am
The new rule’s attempt to categorically regulate a prominent space that Congress has clearly occupied amounts to finding an “elephant in a mousehole”—an agency foible that Justice Antonin Scalia lampooned in Whitman v. [read post]
19 Nov 2018, 8:03 am
Confrontation clause cases in particular have not always broken down on traditional conservative/liberal lines: As this blog’s Lyle Denniston once wrote, the late Justice Antonin Scalia was – thanks to his penchant for hewing closely to the words and original meaning of the Constitution – the Supreme Court’s “most devoted defender” of the confrontation clause, and Gorsuch appears to be following in the footsteps of Scalia, whom he… [read post]
