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26 Jun 2019, 3:01 am by Walter Olson
[Scott Shackford, Reason] By 6-3 margin, with three Justices concurring in part and dissenting in part, Supreme Court rules that First Amendment bars rule against registration of “scandalous” trademarks; Cato had submitted a humorous brief [Melissa Quinn, Washington Examiner, Ilya Shapiro, earlier; Iancu v. [read post]
24 Jun 2019, 3:55 am by Edith Roberts
At The Federalist, Ilya Shapiro asserts that The American Legion v. [read post]
22 Jun 2019, 8:55 am by Walter Olson
Ilya Shapiro has one quick reaction and Ilya Somin, who has written extensively on Knick and the constitutional issues it raises, has another. [read post]
19 Jun 2019, 3:02 am by Walter Olson
U.S. to allow consecutive state and federal prosecutions over the same conduct, the so-called dual sovereignty exception to double jeopardy protection [Reuters, Ilya Shapiro, Cato brief (with ACLU and Constitutional Accountability Center) that had urged an end to the exception; and a conspiracy theory about Kavanaugh that wound up having absolutely no predictive value] “When Should Plaintiffs Be Able to Sue Anonymously? [read post]
31 May 2019, 3:03 am by Walter Olson
” Thing is, cooks and chefs aren’t licensed [same] Meanwhile, in Congress: “Bipartisan Bill Would Stop States From Denying Occupational Licenses Due to Student Loan Debt” [Boehm again on Rubio-Warren measure] “Judicial Sanity on Occupational Licensing and the First Amendment” [Ilya Shapiro and Patrick Moran on Fifth Circuit decision in Express Oil Change v. [read post]
28 May 2019, 9:05 pm by Walter Olson
” [Cato at Liberty blog post by Ilya Shapiro and Matthew Larosiere, and related Cato Daily Podcast with Larosiere and Caleb Brown] Tags: guns, NYC, Supreme Court [read post]
20 May 2019, 2:59 am by Walter Olson
[Kimberly Strawbridge Robinson, Bloomberg] Fundamental restructuring of Supreme Court becomes a popular campaign issue with Democrats, and the dangers in that [Ilya Shapiro, Washington Examiner] More: Gorsuch, Kavanaugh differ often, we can see clearly now [Jonathan Adler and update] Federalist Society video on stare decisis with Roger Pilon, and related by Pilon on constitutional stare decisis; The high court decides relatively few admiralty/maritime cases but has heard more… [read post]
17 May 2019, 3:44 am by Edith Roberts
” In another Cato at Liberty post, Ilya Shapiro and others urge the court to review Evergreen Freedom Foundation v. [read post]
9 May 2019, 3:02 am by Walter Olson
Fourth Circuit ruling threatens to open “disparate-impact” floodgates Supreme Court warned of in earlier case [Ilya Shapiro and Nathan Harvey on Cato cert amicus in Waples Mobile Home Park v. de Reyes] Tags: animals, antitrust, housing discrimination, intellectual property, Seattle, Supreme Court, transgender [read post]
29 Apr 2019, 2:59 am by Walter Olson
” [Peggy Sastre, Quillette] Heresy hunts in American academia aren’t exactly new, consider what happened fifty years ago to once-lauded “culture of poverty” anthropologist Oscar Lewis [Bryan Caplan] Remarkable glossary of terms “intended to structure and referee conversations on campus” circulates at Amherst College, whose Office of Diversity and Inclusion has a staff of 20, more than one for every hundred of the institution’s 1800 students [Rand… [read post]
12 Apr 2019, 2:58 am by Walter Olson
Supreme Court “should clarify that courts should consider a property’s prospective economic value when evaluating the just compensation due from regulatory takings” [Ilya Shapiro and Nathan Harvey on Cato amicus in Love Field terminal gate case] The “most expensive and least effective environmental law” of all: ideas for fixing NEPA, the National Environmental Policy Act of 1970, which mandates environmental impact statements [Mark Rutzick,… [read post]
1 Apr 2019, 2:58 am by Walter Olson
“In Cato’s latest ‘funny brief,’ Ilya Shapiro and Trevor Burrus are once again telling the Court that scandalous speech is valuable to society and that there’s no way for a government office to be trusted to decide what’s ‘scandalous.'” [Ilya Shapiro and Trevor Burrus on Cato certiorari amicus brief (with P.J. [read post]
27 Mar 2019, 3:05 am by Walter Olson
” A newly filed lawsuit challenges that practice [Hans Bader] Only Congress can make new law, and administration can’t reach desired ban on “bump stock” firearms accessories just by reinterpreting existing federal law [Ilya Shapiro and Matthew Larosiere on Cato amicus brief in D.C. [read post]
24 Mar 2019, 9:01 am by Walter Olson
” [Ilya Shapiro and Patrick Moran on Cato cert amicus brief urging the Supreme Court to review Mitchell v. [read post]
13 Mar 2019, 2:59 am by Walter Olson
” [Geoffrey Manne and Alec Stapp, Truth on the Market/CNBC] Floral arrangements as constitutionally protected expression: Cato files amicus on behalf of First Amendment rights of Washington florist Barronelle Stutzman not to serve a wedding of which she disapproves [Ilya Shapiro and Patrick Moran, Washington Supreme Court] “Over several months, man repeatedly threatens his next-door neighbor with profanity, racial epithets. [read post]
9 Mar 2019, 8:56 am by Walter Olson
More criticism: Brad Smith on the bill’s restrictions on discussion and coordination of expenditures on speech; Ilya Shapiro and Nathan Harvey (“If ever adopted, [HR1] would give power to one slice of Washington’s elite at the expense of American democracy’s carefully crafted checks and balances”); David A. [read post]
8 Mar 2019, 3:53 am by Edith Roberts
” Briefly: In the latest episode of the Heritage Foundation’s SCOTUS 101 podcast, “Ilya Shapiro from the Cato Institute joins Elizabeth Slattery to discuss whether Chief Justice John Roberts is the new swing vote and other SCOTUS headlines of the week. [read post]
1 Mar 2019, 3:01 am by Walter Olson
You don’t need to be a religious believer to think the Supreme Court should uphold the continued display of the Bladensburg war memorial cross [George Will/syndicated, Eugene “Jesse” Nash IV and Victoria Gomes-Boronat, Capital News Service] Cato filed a brief in the case [Ilya Shapiro, Trevor Burrus, Patrick Moran, and Michael Finch on The American Legion v. [read post]
27 Feb 2019, 2:59 am by Walter Olson
The Constitution demands better [Ilya Shapiro on Cato Institute cert amicus brief in Copeland v. [read post]
22 Feb 2019, 2:56 am by Walter Olson
The less you know: new push to “de-bias” faculty recruiting by removing CVs and interviews from the process [John Morgan, Times Higher Ed/Inside Higher Ed on developments in Britain] “You Can’t Make This Up: A Speech Code that Investigates Students for Discussing the Freedom of Speech” [University of South Carolina: Ilya Shapiro and Patrick Moran on Cato certiorari brief in Abbott v. [read post]