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21 Oct 2019, 3:01 am by Walter Olson
Federal judge upholds Harvard’s admissions policy against charges of discrimination against Asian Americans, appeal likely [Anemona Hartocollis, New York Times; Roger Clegg/Martin Center; Neal McCluskey, Hechinger Report (“private institutions should be free to have affirmative action, but it should be prohibited at public institutions”); Ilya Shapiro, WSJ last year] In Florida, following an initiative from Gov. [read post]
16 Oct 2019, 3:01 am by Walter Olson
“Lawyer says it ‘would be an honor’ to be disbarred; disciplinary board aims to oblige” [ABA Journal, Lowering the Bar] In the mail: Jacob Grier’s new book The Rediscovery of Tobacco: Smoking, Vaping, and the Creative Destruction of the Cigarette [more from author, Mark Fogerson/Portland Monthly, John Locke Foundation podcast with Grier and Mitch Kokai] Re: House subpoenas aimed at the Trump administration, colleague Ilya Shapiro wrote this… [read post]
2 Oct 2019, 2:59 am by Walter Olson
Supreme Court should step in to protect freedom of association against California’s push to obtain donor identities for controversial groups [Ilya Shapiro and James Knight on Cato certiorari amicus brief in Americans for Prosperity Foundation v. [read post]
27 Sep 2019, 7:20 am by Benjamin Beaton and Justin DiCharia
(Just in case you doubted the import of billboard law, a longtime hobby horse for the SixthCircuitAppellateBlog.com, this appeal drew a murderer’s row of elite appellate advocates: former Alito clerk Sarah Campbell from the Tennessee SG’s office, former Stevens clerk Lindsey Powell for DOJ, First Amendment expert Eugene Volokh of UCLA Law and The Volokh Conspiracy, former Assistant SG and #appellatetwitter maven Kannon Shanmugam, and leading legal intellectuals Ilya… [read post]
27 Sep 2019, 2:58 am by Walter Olson
[Ilya Shapiro and Dennis Garcia on Cato merits brief in Supreme Court case of Espinosa v. [read post]
23 Sep 2019, 3:01 am by Walter Olson
[Ilya Shapiro, Cato] Writer and star of one-act play “isn’t a fan of America’s founding charter — which may be why her audiences are such big fans of hers. [read post]
20 Sep 2019, 3:01 am by Walter Olson
Left-right political advantage isn’t a good reason to break it up, but there are plenty of nonpolitical reasons that are good [Ilya Shapiro and Nathan Harvey, George Mason Law Review] “The legal profession was regarded by both the authors of The Federalist and Alexis de Tocqueville as the anchor of the republic —- a barrier to destabilizing innovation and a constraint on excessive democratic passions. [read post]
15 Sep 2019, 8:59 am by Walter Olson
From colleague Ilya Shapiro, writing in USA Today: “There were 67 decisions after argument in the term that ended in June. [read post]
11 Sep 2019, 4:02 am by Edith Roberts
” In an op-ed for USA Today (via How Appealing), Ilya Shapiro argues that “if lockstep voting and a results-driven court concern us, it isn’t the conservatives we should be worried about. [read post]
10 Sep 2019, 6:36 am by Howard Bashman
“Liberal Supreme Court justices vote in lockstep, not the conservative justices; Over the past several sessions, Supreme Court Justices appointed by Democratic presidents voted in unison more than their Republican counterparts”: Ilya Shapiro has this essay online at USA Today. [read post]
8 Sep 2019, 8:58 am by Walter Olson
Warren and Sanders to retire the metaphor of the financial sector as vampires or “vultures” engaged in “sucking” or “bleeding” [Ira Stoll, related] Volume of securities litigation is on sharp upswing, policy remedies needed [Kevin LaCroix/D&O Diary and more, Chubb “Rising Tide” report] Rising in Australia too [Nicola Middlemiss, Insurance Business Australia] Unconstitutionality of CFPB structure hasn’t gone away and neither has the need… [read post]
3 Sep 2019, 2:59 am by Walter Olson
SCOTUS should act to assure just and timely compensation [Ilya Shapiro on Cato certiorari petition in Givens v. [read post]
29 Jul 2019, 2:58 am by Walter Olson
Review and clarification by high court sorely needed [Ilya Shapiro, Trevor Burrus and Patrick Moran on Cato amicus brief in Evergreen Freedom Foundation v. [read post]
23 Jul 2019, 2:58 am by Walter Olson
” [Alison Frankel, Reuters; Ilya Shapiro and Sam Spiegelman, Cato; Karen Kidd, Legal NewsLine] The circuits are split, with the First, Second, and Seventh interpreting the ADA to require accessibility for web-based services, while the Third, Sixth and Eleventh say it relates to brick-and-mortar enterprise or is satisfied by the provision of at least one accessible way of obtaining service. [read post]
17 Jul 2019, 2:58 am by Walter Olson
U.S., the improper-delegation case: “While the Court majority did not agree this time, the line-up suggests breakthrough imminent” [Nicole Russell, Washington Examiner] From some quarters on the Left, rage at the Supreme Court that got away [Ilya Shapiro at P.J. [read post]
1 Jul 2019, 2:56 am by Walter Olson
Laws banning truthful business speech about lawful conduct should trip First Amendment review [Ilya Shapiro on Cato amicus brief in Seeberger v. [read post]
28 Jun 2019, 4:21 am by Edith Roberts
In a third post at Cato, Ilya Shapiro raises a glass to Wednesday’s opinion in  Tennessee Wine & Spirits Retailers Association v. [read post]
26 Jun 2019, 9:05 pm by Walter Olson
Ilya Shapiro explains: All nine justices agreed that courts need to work harder to ensure that a regulation truly is ambiguous before giving the agency re-interpreting it any sort of deference. [read post]