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9 Aug 2022, 6:03 am
-W. v. [read post]
8 Aug 2022, 6:21 pm
Larry Catá Backer W. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
27 Jul 2022, 10:35 am
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
6 Jul 2022, 7:02 am
[w]ho are we to say whether government action has an ‘objective’ impact on religious observance or merely ‘diminishes [a worshipper’s] subjective spiritual fulfillment’”? [read post]
6 Jul 2022, 6:32 am
Section 101 plainly states that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the [other] conditions and requirements of this title. [read post]
1 Jul 2022, 12:40 pm
From Kagan's opinion: Some years ago, I remarked that "[w]e're all textualists now. [read post]
28 Jun 2022, 5:58 am
See CHARLES H. [read post]
27 Jun 2022, 3:51 am
W. [read post]
26 Jun 2022, 12:28 am
But in this case, because of the subject matter, they are all white men. [read post]
24 Jun 2022, 6:30 am
” As I said in remarks following the death of David Hartman, a truly charismatic figure, that thirty-year relationship did not in the slightest make me any more “religious” in a conventional sense nor, for that matter, any more Zionist. [read post]
22 Jun 2022, 4:25 am
Inter-Coop filed suit, asserting that the search of Merrill’s personal cell phone was inadequate.[4] With respect to the asserted absence of messages to Merrill’s cell phone, Inter-Coop alleged that “it is common knowledge in the industry that the ARA [Assistant Regional Administrator Merrill] routinely texts about NMSF and Council matters. [read post]
21 Jun 2022, 10:25 pm
Litigants”, New York University Law Review 94 (2019), pp 1210-1243 Cong, Junqi “Reinventing China’s Indirect Jurisdiction over Civil and Commercial Matters con [read post]
21 Jun 2022, 11:30 am
Key Findings By driving changes to the climate, carbon emissions will impose major long-term economic costs, both here in the U.S. and around the world. [read post]
17 Jun 2022, 2:09 pm
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
15 Jun 2022, 3:51 am
The first issue before the Court was whether it was necessary for the judge as a matter of law to assess matters (a) to (d) set out above. [read post]
13 Jun 2022, 2:56 am
In the matter H-W (Children) and (No 2) [2022] UKSC 17 When an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, is it necessary for the appellate court to undertake its own proportionality assessment of that decision? [read post]
11 Jun 2022, 12:26 pm
We think that as a matter of policy the identity of the parties to a lawsuit should not be concealed except in the unusual case. [read post]
8 Jun 2022, 9:01 pm
By the time it was decided, as future Justice Robert H. [read post]
7 Jun 2022, 8:29 am
"[W]e have only one political party in this country, the Democrats. [read post]