Search for: "Canon v. Justice Court" Results 61 - 80 of 1,176
Sort by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
A SCOTUS Roundup Focused on Textualism (with a Concluding Thought About Democracy)
3 Aug 2023, 4:00 am by Michael C. Dorf
Nebraska, Justice Barrett claimed that the major questions doctrine is not a "substantive canon" that the Court imposes on Congress in order to limit delegations of power to administrative agencies but a part of the "context" of a statute. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Tobia, Walters, & Slocum on the Experimental Evidence on Major Questions Doctrine as a Linguistic Canon
31 Jul 2023, 8:55 am by Lawrence Solum
Justice Barrett recently argued in Biden v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Major Questions, Common Sense?, by Kevin Tobia, Daniel E. Walters, & Brian Slocum
27 Jul 2023, 8:56 am by Guest Author
” That’s why it was so significant that Justice Barrett authored a concurrence in Biden v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Sobkowski on the Major Questions Doctrine and Nondelegation
20 Jul 2023, 4:05 pm by Lawrence Solum
Supreme Court's decision in Biden v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance (Guest Blog Post)
17 Jul 2023, 8:32 am by Eric Goldman
Moreover, the US Supreme Court has resurrected a long-disused canon of statutory construction: The presumption against extraterritorial application of US statutes. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Text and “Context”
13 Jul 2023, 5:38 am by Jacob Wirz
In Biden v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Chevron Deference is Superior to West Virginia Skepticism, by Peter M. Shane
12 Jul 2023, 3:54 pm by Guest Author
If the Supreme Court next term overrules Chevron USA v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Greve on the Nondelegation Doctrine
6 Jul 2023, 4:30 am by Lawrence Solum
Co. v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Appropriating Major Questions, by Christine Kexel Chabot
5 Jul 2023, 10:12 am by Jacob Wirz
With respect to general applications of MQD, should the Court apply a clear-statement rule or a contextual linguistic canon? [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Josh Blackman] Professor Barrett Offers A "Theory For Rationalizing" The Major Questions Doctrine
4 Jul 2023, 9:54 pm by Josh Blackman
That background brings me to Justice Barrett's concurrence in Biden v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Of Major Questions and Nondelegation, by Patrick J. Sobkowski
3 Jul 2023, 5:28 am by Guest Author
This suggests that several justices are uncomfortable with Barrett’s argument that MQD fails as a substantive canon. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Weekend Roundup
1 Jul 2023, 4:44 am by Karen Tani
Over at Balkinization, an interesting conversation is unfolding on the uses of history in Supreme Court decisionmaking, especially as pertains to the recent Haaland v. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
­­Let’s talk about that Barrett concurrence (on the “contextual major questions doctrine”), by Beau J. Baumann­­
30 Jun 2023, 4:31 pm by Jacob Wirz
As many of you know, the Supreme Court just shot down the student-loan forgiveness plan in Biden v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Supreme Court narrowly interprets ban on “encouraging or inducing” immigrants to remain unlawfully in the United States
26 Jun 2023, 6:48 pm by Amanda Shanor
ShareOn Friday the Supreme Court issued its decision in United States v. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Eugene Volokh] The First Amendment and Refusals to Deal
25 Jun 2023, 10:54 am by Eugene Volokh
NAACP v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Start The Death Watch For The Overbreadth Doctrine
24 Jun 2023, 4:22 pm by Josh Blackman
On Friday, the Supreme Court decided United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Making Sense of Arizona v. Navajo Nation
22 Jun 2023, 10:24 pm by Josh Blackman
Much like in Brackeen, the Court's conservatives are simply ignoring Justice Gorsuch on Indian law. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Supreme Court rules 5-4 against Navajo Nation in water rights dispute
22 Jun 2023, 2:17 pm by Matthew L.M. Fletcher
He pointed to language in the Supreme Court’s 1908 decision in Winters v. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Ilya Somin] A Troubling Supreme Court Habeas Decision
22 Jun 2023, 1:19 pm by Ilya Somin
If the Court wants to narrow the canon's scope or even abolish it entirely, it is free to do so. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: Codifers' Errors and 42 U.S.C. 1983
12 Jun 2023, 5:31 am by Will Baude
Last week's Supreme Court decision in Health & Hospital Corp. of Marion County v. [read post]
The Volokh Conspiracy - http://www.volokh.com/