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8 Apr 2024, 4:00 am by Eric Segall
In last year's landmark affirmative action case, SFFA v. [read post]
28 Feb 2024, 3:41 pm by Ronald Mann
” Though Blatt insisted that her interpretation rested directly on the Supreme Court’s opinion in Barnett Bank v. [read post]
26 Feb 2024, 2:37 pm by Ronald Mann
Cantero explains that the statutory language comes from the Supreme Court’s decision in Barnett Bank v. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
25 Jan 2024, 6:32 am by Daniel J. Gilman
Yet, in one very fundamental way, it’s unfortunate. [read post]
12 Dec 2023, 3:32 pm by Sambhav Sankar
The court had already held in West Virginia State Board of Education v. [read post]
15 Nov 2023, 5:30 am by Josh Blackman
The Barnett/Blackman casebook includes a photo of the assassination and hotel, right before an excerpt from Printz v. [read post]
28 Sep 2023, 6:30 am by Guest Blogger
It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]
24 Aug 2023, 6:00 am by Lawrence Solum
Examples include: Evidence of the original meaning of the Contracts Clause and ways it might be reinvigorated through litigation Potential theories under the Citizenship Clause State constitutional anti‐​monopoly and anti‐​gift provisions and other causes of action unique to state law or state constitutions The Ninth Amendment Questions left open by North Carolina Dental Board and ways in which parties can use the Sherman Act to hold regulatory… [read post]
14 Aug 2023, 5:36 am by Guest Author
This paper is much narrower—Sunstein is really unpacking some of the conservative SCOTUS bloc’s internal debates about the MQD in Biden v. [read post]
31 Jul 2023, 11:50 am by Josh Blackman
" It is, "in its way, a virtue of his jurisprudence," Justice Alito says. [read post]