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10 May 2011, 9:46 am by Josh Wright
  By way of contrast, Barnett’s speeches at the DOJ frequently made clear that the notion that the antitrust laws “protection competition, not competitors,” was not just a mantra, but a serious core of sensible Section 2 enforcement. [read post]
7 Oct 2017, 9:00 am by Howard Wasserman
But Barnette's legacy has split in unfortunate ways. [read post]
5 Jul 2023, 3:35 am by CMC
There is much to unpack in the Supreme Court’s decision in 303 Creative LLC v. [read post]
15 May 2019, 2:09 pm by Dan Ernst
Second, I argue that in interesting ways Barnette is a kind of "pre-capitulation" of much that happened in First Amendment law in the 75 years that followed it. [read post]
10 May 2018, 10:31 am by Andrew Hamm
“How would each of you have decided Loving v. [read post]
26 Feb 2013, 6:50 am by Gerard N. Magliocca
If I had to choose one Supreme Court opinion to read, it would be West Virginia State Board of Education v. [read post]
17 Jun 2023, 2:51 pm by Josh Blackman
The majority opinion breaks little ground, and goes out of its way to not decide questions. [read post]
5 Jul 2022, 11:08 am by Josh Blackman
If I had to predict, about half of these cases will make their way into the fifth edition of the casebook. [read post]
21 Mar 2010, 7:35 am by JB
Whether or not the individual Justices viewed their actions this way at the time, many people saw Bush v. [read post]
29 Nov 2012, 5:34 am by Brian Hall
The summary judgment decision issued on October 31st by Ohio federal district court judge David Dowd in Barnett v. [read post]