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17 Aug 2022, 4:45 pm by Lawrence Solum
  Here is the abstract: Few recent decisions of the Supreme Court have received as much popular attention as Dobbs v. [read post]
16 Aug 2022, 2:04 pm by Apple Payne Law PLLC
The Supreme Court sided with Petitioners in a 6-3 decision, holding: “[t]he Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. [read post]
3 Aug 2022, 6:30 am by Guest Blogger
The issue may be returned to the political process, where a majority of the people support abortion rights but (it seems) with substantially greater restrictions than those permitted by Roe and Casey.[7]  So what is a Catholic Justice to do? [read post]
20 Jul 2022, 7:37 pm by Josh Blackman
Unlike Roe and Casey, Obergefell was largely accepted without a backlash. [read post]
20 Jul 2022, 5:29 am by Josh Blackman
Casey, Justices Sandra Day O'Connor, Anthony Kennedy, and David Souter saved the landmark abortion precedent to ensure that people would not view the Court as a political institution. [read post]
19 Jul 2022, 4:30 am by Lawrence Solum
This move represents a shift in the Court’s stare decisis jurisprudence, and would seem to overrule Casey v. [read post]
17 Jul 2022, 9:05 pm by Stephen M. Bainbridge
Having said that, however, the time and effort expended to date are sunk costs.[12] Granted, many people are not very good at ignoring sunk costs.[13] Ignoring sunk costs, however, is precisely what rational decision makers – including the ALI – ought to do.[14] The basic problem with the proposed Restatement of the Law of Corporate Governance is that corporate law is not a suitable subject for being restated. [read post]
12 Jul 2022, 10:07 am by Josh Blackman
Bray, a post-Casey case, was written by Justice Scalia. [read post]