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16 Nov 2018, 4:16 pm by Ilya Somin
UPDATE: Legal scholar Howard Wasserman comments on this post here: I agree with Ilya that excessive judicial deference is a problem. [read post]
21 Oct 2018, 2:30 pm by David Lat
[Take Care] * Howard Wasserman offers some insights into the recent dismissal of Stormy Daniels's defamation lawsuit against Trump. [read post]
17 Oct 2018, 2:56 am by Walter Olson
” [Howard Wasserman on suit by Sen. [read post]
14 Oct 2018, 2:30 pm by David Lat
Howard Wasserman offers thoughts on the recent Slate debate between Daniel Hemel and Christopher Jon Sprigman. [read post]
11 Sep 2018, 6:57 am by Howard Bashman
” And at “PrawfsBlawg,” Howard Wasserman has a post titled “Injunction Authority Clarification Act of 2018. [read post]
8 Sep 2018, 8:59 am by Walter Olson
As Howard Wasserman, writing at PrawfsBlawg, notes: The resources argument (putting aside whether it has any merit) strikes me as inapposite in this case. [read post]
15 Aug 2018, 2:59 pm by Bridget Crawford
Below the fold are the results of the 2018-2019 Law Professor Twitter Census. [read post]
5 Aug 2018, 9:01 am by Walter Olson
” [Ilya Somin on the Ian Ayres / John Fabian Witt plan; related, Howard Wasserman] Tags: judicial nominations, Supreme Court Packing light at the Supreme Court? [read post]
23 Jul 2018, 4:23 am by Edith Roberts
” At PrawfsBlawg, Howard Wasserman takes issue with liberal complaints about Republican court-packing. [read post]
12 Jul 2018, 1:00 pm by Adam Steinman
Now on the Courts Law section of JOTWELL is Howard Wasserman’s essay, A Step Toward a Proper Understanding of Constitutional Litigation. [read post]
29 Jun 2018, 4:17 am by Edith Roberts
At PrawfsBlawg, Howard Wasserman points out that Nieves v. [read post]
27 Jun 2018, 4:20 am by Edith Roberts
” Commentary on the Korematsu development comes from Howard Wasserman at PrawfsBlawg. [read post]
26 Jun 2018, 5:58 pm by Samuel Bray
(Exceptions are posts by Stephen Sachs and Howard Wasserman.) [read post]
25 Jun 2018, 4:18 am by Edith Roberts
At PrawfsBlawg, Howard Wasserman notes that “[t]he dispute leaves open whether SCOTUS could review decisions by modern administrative agencies (something Congress has never purported to do). [read post]
19 Jun 2018, 4:00 am by Edith Roberts
” At PrawfsBlawg, Howard Wasserman suggests that “the court traded a difficult-to-prove issues on the effect of probable cause on individual retaliation for a different set of difficult-to-prove issues surrounding the establishment of municipal liability. [read post]
18 Jun 2018, 9:45 pm by Jeff Schmitt
Howard Wasserman suggests that, because the Court hears so few cases, it should do a better job of selecting cases that provide a vehicle for rulemaking to guide the lower Courts. [read post]
15 Jun 2018, 4:30 am by Edith Roberts
” Additional commentary comes from the First Amendment Blog, Jennifer Tiedemann at the Goldwater Institute, Adav Noti at Take Care, Howard Wasserman at PrawfsBlawg, and Richard Hasen at Slate, who concludes that “the opinion shows a more realistic and functional understanding of the political process than the court has shown in campaign finance cases. [read post]
5 Jun 2018, 4:11 am by Edith Roberts
” Additional commentary comes from Michael Dorf at his eponymous blog, Robert George in an op-ed for The New York Times, the editorial board of The Washington Post, Rick Hills at PrawfsBlawg, Ian Millhiser at ThinkProgress, Jennifer Rubin in an op-ed for The Washington Post, Erica Goldberg at PrawfsBlawg, Jennifer Finney Boylan in an op-ed for The New York Times, Noah Feldman in an op-ed for Bloomberg, Lisa Keen at Keen News Service, Michael Farris at National Review, Mark Joseph Stern at… [read post]