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23 Jul 2011, 1:20 pm by David Friedman
In a recent post, based on a WSJ piece by Thomas Saving, I pointed out some implications of the status of the Social Security Trust Fund. [read post]
2 Dec 2011, 10:14 am
Customers Could Seek Costs of Mitigating Harm from Data Security BreachThis posting was written by Thomas A. [read post]
28 Sep 2011, 12:59 pm by Lyle Denniston
Department of Health and Human Services, et al., v. [read post]
15 Nov 2018, 8:05 am by David Post
Originalism, of course, is such a theory - one which adds temporal dislocation to the already-impossible task of trying to determine what is inside the heads of the People of New Hampshire; as if determining how the People of New Hampshire in 2018 would actually apply this abstract principle to events in the world of 2018 were not difficult enough, the notion of trying to determine how the People of New Hampshire in 2018 would apply this abstract principle to some set of… [read post]
18 Aug 2011, 2:55 am
And because “[l]evel of generality is destiny” in law, see Thomas More Law Center v. [read post]
19 Feb 2016, 8:40 am by JB
They wanted to use originalism to overturn Plessy v. [read post]
8 Dec 2021, 5:00 am by Eric Segall
By Eric SegallDuring the Supreme Court's oral argument in Dobbs v. [read post]
30 May 2022, 9:01 pm by Austin Sarat
We know that 187 people have been wrongly convicted in capital cases and ultimately exonerated since 1973.And there is little doubt that innocent people have been executed in this country.On Monday, May 23, in Shinn v. [read post]
28 May 2008, 5:39 am
Justices Thomas and Scalia dissented, noting that section 1981 is an anti-discrimination statute that protects people from conduct based on "who they are" rather than "what they do" (engage in protected activity). [read post]
28 Feb 2012, 3:10 am by Max Kennerly, Esq.
Consider Justice Scalia’s argument in his concurrence (joined by Justice Thomas) to Sosa v. [read post]
13 Nov 2023, 4:57 pm by INFORRM
To return to the words of Sir Thomas Bingham in John v MGN Limited which I referred to earlier, the impugned post did not touch on Ms O’Neill’s personal integrity, professional reputation, honour, courage, loyalty or the core attributes of her personality. [read post]