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31 Jul 2014, 9:01 pm
In my last column, Part I of this Two-Part series, I argued that lower courts are justified in paying (indeed perhaps required to pay) close attention to Justice Kennedy’s concurring opinion in this summer’s blockbuster Burwell v. [read post]
17 Jul 2014, 9:01 pm
And in situations like these, the Supreme Court has held, in a somewhat well-known 1977 case, Marks v. [read post]
29 Jun 2014, 9:01 pm
Courts can revisit their prior rulings, higher courts can change the legal landscape against which lower courts make decisions (as the Supreme Court in fact did in the immigration regulation setting in 2012 in Arizona v. [read post]
23 Jun 2014, 12:57 pm
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
19 Jun 2014, 9:01 pm
Supreme Court in 2012 in Arizona v. [read post]
17 Jun 2014, 11:41 am
Under Cohen v. [read post]
5 Jun 2014, 9:01 pm
Zivotofsky v. [read post]
22 May 2014, 9:01 pm
Earlier this month, in Town of Greece v. [read post]
8 May 2014, 9:01 pm
When the Supreme Court in Schuette v. [read post]
3 May 2014, 8:56 am
Indiana Harbor Belt Railroad Co., 461 F.3d 844 (7th Cir. 2006) (affirming summary judgment in disparate treatment discharge case, and noting judicial tendency to require “comparability” between plaintiffs and comparison group as a “natural response to cherry-picking by plaintiffs”); Miller v. [read post]
24 Apr 2014, 9:01 pm
Anthony List v. [read post]
10 Apr 2014, 9:01 pm
The Sebelius v. [read post]
27 Mar 2014, 9:01 pm
In Raven v. [read post]
27 Feb 2014, 9:01 pm
In the space below, we offer some unconventional thoughts about the highly-anticipated Sebelius v. [read post]
13 Feb 2014, 9:01 pm
He says, for example, drawing on the gender-based peremptory case, J.E.B. v. [read post]
6 Feb 2014, 10:16 am
This is true if “profan[ity]” means vulgarity, as Cohen v. [read post]
30 Jan 2014, 9:01 pm
In SmithKline Beecham Corp. v. [read post]
15 Jan 2014, 12:00 pm
” The Court went on to cite Cohen v. [read post]
2 Jan 2014, 9:01 pm
Silicon Valley billionaire investor Tim Draper recently unveiled a plan to divide up California into six separate states because, in his view, “California’s diverse population and economies [have] rendered the state nearly ungovernable. [read post]
19 Dec 2013, 9:01 pm
Or take Frisby v. [read post]
