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29 Jan 2010, 7:54 am by Anna Christensen
  The blogosphere reported yesterday that Democratic Senator Patrick Leahy of Vermont, has condemned the ruling as the Court’s most partisan since 2000’s Bush v. [read post]
1 May 2018, 4:37 am by Christopher J. Walker
Justice Clarence Thomas, writing for the Court in in Oil States Energy Services v. [read post]
13 Jan 2014, 10:03 pm by Carl Custer
Vugia, Cherie Long, Ruthanne Marcus, Kirk Smith, Stephanie Thomas, Shelley Zansky, Kathleen E. [read post]
7 Jul 2009, 7:19 pm
" Yesterday's FinCri Advisor featured a jeremiad in which some experts warned that the Cuomo v. [read post]
15 Jan 2010, 3:43 am by Russ Bensing
Earlier this week, the Supreme court, in Smith v. [read post]
3 Nov 2020, 2:31 am by SHG
Justice Clarence Thomas dissented. [read post]
13 Oct 2010, 2:44 pm by Elie Mystal
” When you go to school with John Smith, Tyrone Washington, and Marion Coatsworth-Hay, everybody wins.Except for the people who didn’t get in, but think they should have because of a standardized test. [read post]
24 Feb 2009, 8:10 am
Last week, on behalf of sixty corporate and securities law professors from thirty-eight law schools around the country,  I filed an amici curiae brief in the case of Lucian Bebchuk vs. [read post]
23 Sep 2022, 4:00 am by Jim Sedor
Spending in election cycles by corporations and the ultrawealthy through so-called dark money groups has skyrocketed since the 2010 Supreme Court decision Citizens United v. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
U.S. defendants can request access to the evidence, but there is, as Judge Stephen Smith has detailed, increasing deference in federal courts to so-called "law enforcement privilege"—the withholding of information about evidence-gathering techniques during a trial—can extend to software and prevent its examination for errors. [read post]
19 Jul 2009, 2:07 pm
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
16 Mar 2008, 10:41 am
The current Supreme Court has at least two members who seem strongly influenced by originalist constitutional theory--Associate Justices Antonin Scalia and Clarence Thomas and two others, John Roberts and Samuel Alito who may also be receptive to originalist arguments. [read post]