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22 May 2018, 3:04 am by Walter Olson
Township of Scott, earlier] Gorsuch and Thomas: similar originalist methods, which do not always arrive at similar results [Ilya Shapiro] “Can Agencies Adjudicate Patentability? [read post]
21 May 2018, 2:46 am by Scott Bomboy
” The CATO Institute’s Ilya Shapiro saw the Murphy decision as reinforcing several potential states-rights issues. [read post]
15 May 2018, 4:19 am by Edith Roberts
Commentary comes from Lisa Soronen at the National Conference of State Legislatures Blog, Ashley Rundell at Jurist’s Paper Chase blog, Ilya Shapiro at the Cato Institute’s Cato at Liberty blog, and Garrett Epps at The Atlantic. [read post]
14 May 2018, 9:05 pm by Walter Olson
” [Ilya Shapiro] [Ilya Somin] It’s a “major victory for federalism….makes clear that a majority of the Court is strongly committed to the anti-commandeering principle. [read post]
14 May 2018, 3:04 am by Walter Olson
“Critical habitat” where a species doesn’t live and can’t survive is subject of pending SCOTUS case [Ilya Shapiro and Meggan DeWitt on Cato brief in Weyerhaeuser v. [read post]
8 May 2018, 4:17 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Reilly Stephens urge the court to review California’s “’mandatory mediation and conciliation process’ for agricultural employers,” and to “require unions in California to vindicate their interests in the same manner as unions in the rest of the country: at the bargaining table. [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]
1 May 2018, 4:14 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Meggan DeWitt contend that “[w]hen it hears Weyerhaeuser v. [read post]
29 Apr 2018, 8:59 am by Walter Olson
Representing Ohio’s Minerva Dairy, the Pacific Legal Foundation has sued to overturn the regulation on Commerce Clause, Due Process, and Equal Protection theories, and Cato has now filed a pun-strewn amicus supporting the due process and equal protection claims [Ilya Shapiro and Matt Larosiere] Tags: Cato Institute, competition through regulation, eat drink and be merry, Wisconsin Wisconsin’s butter-grading scheme is a post from Overlawyered - Chronicling the high… [read post]
25 Apr 2018, 9:05 am by Ilya Somin
Ilya Shapiro of the Cato Institute thinks Chief Justice Roberts might find some way to get rid of the case on "technical" grounds that obviate the need to address the merits. [read post]
25 Apr 2018, 3:05 am by Walter Olson
[John O’Brien and John Breslin, Legal Newsline/Forbes] Slack-fill lawsuits reveal nonfunctional void within class-action industry [Baylen Linnekin] Musical instruments in court: the stories behind six famous gear disputes [Jay Laughton, Reverb last year] “Secret of David Copperfield’s signature trick revealed in slip-and-fall suit by audience volunteer” [ABA Journal] Given Congressional presence in area, California not entitled to use foie gras regulation to impose its… [read post]
24 Apr 2018, 4:27 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro observes that “[a]fter argument, Lucia remains hard to predict,” and that all the justices “were troubled by the potential ramifications of ruling one way or another, because so many federal decisions could potentially be affected. [read post]
20 Apr 2018, 7:47 pm by Ilya Somin
The moderator introduced me as "Ilya Shapiro of the Cato Institute. [read post]
20 Apr 2018, 3:05 am by Walter Olson
[Mike Masnick, TechDirt] “16 Pulse survivors sue Google, Facebook, Twitter for ‘supporting’ ISIS” [Daniel Dahm, WKRG Orlando] Not the group it used to be: ACLU calls for government-owned broadband, claims First Amendment may require as opposed to forbid state-operated communications infrastructure [Randolph May and Theodore Bolema, Free State Foundation] Cato amicus commercial speech triple-header: Virginia’s ban on promoting happy hours (bars may hold them, but… [read post]
17 Apr 2018, 9:05 pm by Walter Olson
It makes him an originalist,” [Ilya Shapiro, Washington Examiner; opinion in Sessions v. [read post]
16 Apr 2018, 4:21 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Reilly Stephens urge the court to review a challenge to a California law banning the sale of any product that is the result of force-feeding a bird, arguing that “Congress has established uniform standards for poultry products, consistent with federal authority to normalize the flow of interstate commerce, and that California isn’t entitled to override this congressional judgment. [read post]
14 Apr 2018, 11:29 am by Walter Olson
[Ilya Shapiro and Aaron Barnes on Cato amicus brief in LMP Services v. [read post]
6 Apr 2018, 2:52 am by Walter Olson
SCOTUS can help by better defining “willfully” [Ilya Shapiro and Reilly Stephens on Cato certiorari brief in Ellison v. [read post]
30 Mar 2018, 3:10 am by Walter Olson
” [Ilya Shapiro on Cato merits amicus filing in Lucia v. [read post]