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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]
24 Aug 2019, 9:40 am by Ilya Somin
Debate with Ilya Shapiro of the Cato Institute (sponsored by the George Washington University Federalist Society). [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]
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, 12:51 pm by Robert Thomas (inversecondemnation.com)
  In Private Cemetery Case, Supreme Court at Last Buries Rule Denying Property Owners Their Day in Federal Court (Ilya Shapiro, Cato). [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]
10 Jun 2019, 4:41 pm by Ilya Somin
Signatories include Ackerman, Richard Albert (University of Texas), Rosa Brooks (Georgetown), Erwin Chemerinsky (dean of the law school at UC Berkeley), Mary Dudziak (Emory), Michael Glennon (Tufts), Jon Michaels (UCLA), Mary Ellen O'Connell (Notre Dame), Michael Ramsey (Univ. of San Diego, and one of the authors of the Originalism Blog), Aziz Rana (Cornell), Scott Shapiro (Yale), Ruti Teitel (New York Law School), and myself, among others (institutional affiliations listed for… [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]