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1 Feb 2019, 10:51 am
Why They Do It: Inside the Mind of the White-Collar Criminal by Eugene Soltes; Capital Offenses: Business Crime and Punishment in America’s Corporate Age by Samuel W. [read post]
27 Jan 2019, 4:19 pm by INFORRM
On 22 January 2019 Mr Justice Mann heard a Pre-Trial Review in the latest News Group Newspapers phone hacking case, due for trial 4 February 2019. [read post]
22 Jan 2019, 11:26 am by Eugene Volokh
My personal view is that Smith was correct, largely for the reasons Justice Scalia gave in his Smith majority and his concurrence in Boerne (which dealt with the original meaning question). [read post]
11 Dec 2018, 10:03 am by Rick Garnett
” The late Justice Antonin Scalia had pronounced a consonant, but more colorful, conclusion, comparing the so-called “Lemon test” that (some) justices (sometimes) apply in establishment-of-religion cases to a “ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried,” to frighten little children and attorneys alike. [read post]
5 Nov 2018, 6:18 pm by David E. Bernstein
Join us to see Eugene Volokh, Nadine Strossen, and moderator Brad Smith discuss the Emerging Issues in Free SpeechVolokh Conspiracy readers are invited to a conversation with two renowned First Amendment experts, the VC's own Eugene Volokh and Nadine Strossen (former president of the ACLU). [read post]
24 Jul 2018, 4:39 am by Edith Roberts
” In an op-ed for USA Today, Eugene Scalia maintains that “Kavanaugh’s interest in administrative law tells us that he is intensely engaged with questions that arise constantly in his current court and at the Supreme Court, … that he is thinking about the roles of Congress, the executive branch, and the courts in regulating our daily lives. [read post]
23 Jul 2018, 10:32 am by Howard Bashman
“Why Supreme Court nominee Brett Kavanaugh should appeal to both Democrats and Republicans; Democrats and Republicans alike should welcome Brett Kavanaugh’s focus on the roles of Congress, the public and federal agencies in our democracy”: Attorney Eugene Scalia has this essay online at USA Today. [read post]
23 Jul 2018, 5:51 am by Marty Lederman
  As many scholars have long explained (including my colleagues Greg Klass and David Luban, as well as, more recently, Eugene Volokh and Will Baude), Justice Alito is right that "Abood was poorly reasoned"--but in the other direction. [read post]
17 Jul 2018, 9:30 pm by Sean Burke
With Justice Neil Gorsuch having assumed Justice Scalia’s seat, the Court’s decision overruling Abood came as no surprise. [read post]
7 Jul 2018, 12:29 pm by Amy Howe
Conservative commentator Hugh Hewitt has nonetheless dubbed Kethledge “Gorsuch 2.0,” “in the mold of Antonin Scalia. [read post]
7 May 2018, 3:03 am by Walter Olson
SEC) remains hard to predict [Ilya Shapiro, Cato; earlier] In dissent from cert denial: “Justices Thomas and Gorsuch Argue for Rejecting Deference to Agency Interpretation of Agency Regulations” [Eugene Volokh, Ilya Shapiro and Matthew Larosiere on Garco Construction, Inc. v. [read post]
2 May 2018, 8:57 am by Eugene Volokh
[Footnote:] In fact, the Free Press Clause might be turned against Justice Scalia, for two reasons. [read post]
25 Apr 2018, 5:11 am by Eugene Volokh
In this post, I'm continuing my series on "Freedom for the Press as an Industry, or for the Press as a Technology? [read post]
19 Apr 2018, 5:19 am by Eugene Volokh
Don't be surprised if Justice Gorsuch uses the Janus case to demonstrate that he is not just a clone of the late Justice Scalia. [read post]
18 Apr 2018, 4:08 am by Edith Roberts
Jonathan Kim and Eugene Temchenko have a preview at Cornell Law School’s Legal Information Institute. [read post]
17 Apr 2018, 7:39 am by Jonathan H. Adler
Like Eugene, I was struck by Justice Gorsuch's opinion today in Sessions v. [read post]
17 Apr 2018, 7:21 am by Eugene Volokh
Haslip (1991) (Scalia, J., concurring in judgment) (internal quotation marks omitted). [read post]
22 Mar 2018, 2:50 am by Walter Olson
Mansky: SCOTUS considers state ban on political apparel at polling places [Ilya Shapiro, Cato] Under American law governments cannot sue persons for defamation, and “slander of title” won’t do as substitute ploy for lawyer representing city of Sibley, Iowa [Jacob Sullum] “Someone Trying to Vanish My Post About Someone Trying to Vanish Another Post” [Eugene Volokh] “Free Speech and the Administrative State”, George Mason/Scalia Law… [read post]