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10 Jul 2023, 3:27 pm
Also of interest 4/2 issues an unpub'd decision here that finds the trial court's order granting a new trial was flawed (because it was issued orally, and the written order fails to state any grounds), but the court nonetheless orders a new trial based on juror misconduct.And The Marble Palace Blog has The Whimsy of the Late Justice John Paul Stevens -- Stevens was known not only for his bowtie at the court but also his cheese sandwich for lunch. [read post]
8 Jul 2023, 9:14 am by Eugene Volokh
Because Tennessee is likely to succeed on its appeal of the preliminary injunction, we grant the stay…. [read post]
4 Jul 2023, 9:01 pm by Michael C. Dorf
And the Court has granted review in a case to be argued next Term that poses the question whether to abandon the decades-old practice of judicial deference to administrative agencies.Meanwhile, despite the luxury of an uncrowded docket, the Court has in recent years bypassed full briefing and oral argument to decide an unusually large number of cases in an irregular posture. [read post]
30 Jun 2023, 8:20 am by Eugene Volokh
[including when the requirement is imposed by antidiscrimination laws, for instance when such laws require web site designers who create opposite-sex wedding sites create same-sex wedding sites.] [read post]
30 Jun 2023, 4:00 am by Jim Sedor
’s Use in Elections Sets Off a Scramble for Guardrails DNyuz – Tiffany Hsu and Steven Lee Myers (New York Times) | Published: 6/25/2023 What began a few months ago as a slow drip of fundraising emails and promotional images composed by A.I. for campaigns has turned into a steady stream of materials created by the technology, rewriting the playbook for elections. [read post]
29 Jun 2023, 1:27 am by Seán Binder
Cora Engelbrecht and Steven Erlanger report for the New York Times. [read post]
  The district court granted the motion, noting that the Government had “thoroughly investigated the costs and benefits of allowing [Polansky’s] case to proceed and ha[d] come to a valid conclusion based on the results of its investigation. [read post]
20 Jun 2023, 12:00 pm by Phil Dixon
Complaint adequately pled a Fourteenth Amendment violation for deliberate indifference to a pretrial detainee’s medical needs and should not have been dismissed Stevens v. [read post]
19 Jun 2023, 9:05 pm by Jackson Nichols
The companies argue that the Magnuson-Stevens Act (MSA) does not authorize the NMFS, which resides within the U.S. [read post]
17 Jun 2023, 7:08 am by Eric Goldman
On May 11th, the court ruled on the Defendants’ Motion to Dismiss, granting in part and denying in part. [read post]
17 Jun 2023, 1:37 am by Kalvis Golde
Del Toro, Larrabee asks the justices to grant review and reverse the D.C. [read post]
16 Jun 2023, 12:54 pm by Chris Skelton
Justice John Paul Stevens wrote for the Court in devising a doctrine that has become known as Chevron deference. [read post]