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13 Jan 2012, 12:53 pm by David Wagner
Topics will include: Hydraulic fracturing regulation Aggregation Greenhouse gas litigation California's cap-and-trade program Chemicals regulation (possible TSCA reform and California's Green Chemistry) New mercury standards for coal and oil-burning power plants Renewable energy incentive programs Offshore wind power generation CERCLA: Fallout from Burlington Northern and Santa Fe Railway Co. v. [read post]
12 Jan 2012, 12:35 pm by Jess Bravin
Not Justice Antonin Scalia, with whom Justice Stevens sparred over such polarizing issues as gun rights, campaign finance and executive power. [read post]
7 Jan 2012, 8:29 am by The Book Review Editor
William Shawcross’s widely-noticed new book, Justice and the Enemy: Nuremberg, 9/11, and the Trial of Khalid Sheik Mohammed, asks the following: how does a civilized society bring justice to mass murderers, al Qaeda and its adherents, when it has not already killed them, but holds them captive in its hands? [read post]
4 Jan 2012, 9:27 am by Aaron Tang
Josh Douglas – I fail to see how a ruling that implements Texas’s proposed maps as interim maps is anything but an end-run around Section 5. [read post]
2 Jan 2012, 6:41 am by Howard Wasserman
Friday, February 3 Panel I: Judicial Decisionmaking (Mentor: Lee Epstein) Margaret Thomas, The Federalism Canons of Statutory Interpretation as a Constraint on the Federal Rules of Civil Procedure Nancy Leong, Making Remedies Elizabeth McCuskey, Clarity and Clarification: Grable Federal Questions in the Eyes of Their Beholders Paul Gugliuzza, Patent Law's Uniformity Principle and the Consequences of Judicial Specialization  Panel II: Judicial Capacity and Executive Action (Mentor: Susan… [read post]
1 Jan 2012, 8:19 am by J. Gordon Hylton
Douglas, Hugo Black, and William Brennan, it turns out, were in favor of hearing the case, but the cert. petition was opposed by Chief Justice Earl Warren and Associate Justices Potter Stewart, John Marshall Harlan II, Byron White, and Tom Clark. [read post]
30 Dec 2011, 12:11 pm by Nicole Huberfeld
After the Supreme Court heard oral arguments in Douglas v. [read post]
21 Dec 2011, 7:33 pm by Glenn Reynolds
UPDATE: Reader Douglas Bass writes: When I read the post about how we can’t trust anyone’s numbers, I recalled this quote from Vaclav Havel, first seen at smalldeadanimals. [read post]
21 Dec 2011, 9:15 am by Nicole Huberfeld
  Whenever Douglas is decided, the United States has taken a state-deferential position in the case that is at odds with the broad articulation of the spending power in defending the Medicaid expansion. [read post]
19 Dec 2011, 2:00 am by Anne Sawyer
Douglas Johnston, President of the International Center for Religion and Diplomacy writes: “Almost anywhere one turns, one finds a religious dimension to the hostilities. [read post]
15 Dec 2011, 5:07 pm by Guest Blogger
One evil Republicans saw in the Black Codes in 1865 and 1866 was the Slave Power reasserting monopoly rights over the labor of African-Americans. [read post]
14 Dec 2011, 1:18 pm by Jonathan H. Adler
  The power of judicial review is as Justice Scalia believes a power to ratify decisions already made in the constitutional text, or in our tradition, or at a minimum where there is an Article V consensus of three-quarters of the States. [read post]