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20 Jun 2022, 8:24 am
An interesting new twist on the argument, which particularly focuses on how social media quasi-common-carrier regulations can fight governmental pressure on platforms to censor certain material; it reminded me of Ian Samuel's The New Writs of Assistance, which similarly argued that some Big Tech companies should be legally required to limit the data they maintain about users, in order to fight governmental pressure on them to disclose it. [read post]
20 Jun 2022, 7:30 am
[7] See Samuel J. [read post]
20 Jun 2022, 6:30 am
The roundtable includes essays from Samuel Levine (Touro College) on parallels between Jewish legal interpretation and other forms of literary interpretation, Robert Pushaw (Pepperdine University) on contextualist approaches to legal interpretation, Stanley Fish (University of Texas at Austin) on movies’ portrayal of law, Richard Weisberg (Yeshiva University) on channeling Sandy’s inner Faust and a poethics of constitutional law, and Sandy Levinson (University of Texas at… [read post]
20 Jun 2022, 5:01 am
All the familiar legal titans of press and privacy—Louis Brandeis, Samuel Warren, Oliver Wendell Holmes—are there, but Gajda’s research shows that they weren’t always on the side they’re most famous for defending. [read post]
19 Jun 2022, 10:32 am
"How is it," Samuel Johnson famously wrote, "that we hear the loudest yelps for liberty among the drivers of negroes? [read post]
19 Jun 2022, 8:45 am
"Writes history and law professor Samuel Moyn, in "Counting on the Supreme Court to uphold key rights was always a mistake/Liberals are re-learning the lesson that only democratically enacted rights are reliable" (WaPo).Why does Moyn say that poor women "most need" the right to abortion? [read post]
19 Jun 2022, 6:19 am
Contents include:Allan Dafoe, Samuel Liu, Brian O'Keefe, & Jessica Chen Weiss, Provocation, Public Opinion, and International Disputes: Evidence from ChinaDavid Brenner & Martina Tazzioli, Defending Society, Building the Nation: Rebel Governance as Competing Biopolitics Stephanie J Rickard, Interests, Institutions, and the Environment: An Examination of Fisheries Subsidies Scott Radnitz, Solidarity through Cynicism? [read post]
18 Jun 2022, 10:19 pm
Indeed, As Professor Nicholas Bagley noted, at oral argument, Justices Samuel Alito and Neil Gorsuch asked whether it was time to overrule the doctrine. [read post]
18 Jun 2022, 5:33 pm
All the familiar legal titans of press and privacy -- Louis Brandeis, Samuel Warren, Oliver Wendell Holmes – are there, but Gajda's research shows that they weren't always on the side they're most famous for defending. [read post]
17 Jun 2022, 5:40 pm
“Counting on the Supreme Court to uphold key rights was always a mistake; Liberals are re-learning the lesson that only democratically enacted rights are reliable”: Law professor Samuel Moyn has this essay online at The Washington Post. [read post]
17 Jun 2022, 5:00 am
A draft majority opinion, authored by Justice Samuel Alito and overturning Roe v. [read post]
16 Jun 2022, 8:55 pm
Samuel Heyman (Temple University, James E. [read post]
16 Jun 2022, 10:04 am
In December, the court denied the petitioners’ request for an emergency order to block the mandate from taking effect, over the dissents of Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch. [read post]
16 Jun 2022, 9:09 am
Justice Samuel Alito’s opinion, in turn, rejected that holding, validating the ability of the employer to hold the employee to bilateral arbitration limited to the employee’s own claims. [read post]
16 Jun 2022, 7:45 am
The dissenters have remained the same in both cases: Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh. [read post]
16 Jun 2022, 4:00 am
" Sir Matthew Hale (MH), a British jurist from the seventeenth century with a starring role in Samuel Alito's (SA's) leaked opinion in Dobbs v. [read post]
15 Jun 2022, 11:37 am
In a concurring opinion, Chief Justice John Roberts, joined by Justices Clarence Thomas, Samuel Alito and Neil Gorsuch, wrote that the dismissal “should not be taken as reflective of a view on any of the foregoing issues, or on the appropriate resolution of other litigation, pending or future, related to the 2019 Public Charge Rule, its repeal, or its replacement by a new rule. [read post]
15 Jun 2022, 10:16 am
Justice Neil Gorsuch wrote the opinion of the court with Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett joining, while Chief Justice John Roberts dissented, along with Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh. [read post]
15 Jun 2022, 10:01 am
The only insight into some of the justices’ thinking came in Roberts’ concurring opinion, which was joined by Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch. [read post]
15 Jun 2022, 7:01 am
Roberts, Jr. issued a dissenting opinion, in which Justices Clarence Thomas, Samuel A. [read post]