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23 Jul 2021, 4:00 am by Jim Sedor
Justice Department Curtails Seizure of Reporters’ Phone, Email Records in Leak Investigations MSN – Devlin Barrett (Washington Post) | Published: 7/19/2021 Attorney General Merrick Garland sharply limited how and when prosecutors can secretly obtain reporters’ phone and email records, formalizing a Biden administration decree that the government would stop using secret orders and subpoenas for journalists’ data to hunt for leakers. [read post]
15 Jul 2021, 2:54 pm by Kevin LaCroix
  Justice Amy Coney Barrett delivered clear instructions to the securities class action bar: “In assessing price impact at class certification, courts ‘should be open to all probative evidence on that question — qualitative as well quantitative — aided by a good dose of common sense.'”[3]   Based on our data and analyses, five Exchange Act Rule 10b-5 claims filed against U.S. issuers during the second quarter of 2021 exhibit a complete absence of… [read post]
7 Feb 2021, 1:01 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] On Thursday, February 4, 2021, we discussed the First Amendment arguments in the House of Representatives' Managers' trial memorandum. [read post]
4 Feb 2021, 3:19 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] On Tuesday, February 2, 2020, the House of Representatives' Managers filed an 80-page trial memorandum or brief for the impending Senate impeachment trial. [read post]
3 Feb 2021, 3:00 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
21 Jan 2021, 12:54 pm by John Elwood
Because of her prior participation in the Wolf case, Barrett is expected to recuse herself from consideration of it. [read post]
12 Jan 2021, 10:19 am by Coleman Saunders
Readers interested in learning about another Foreign Sovereign Immunities Act case currently before the Supreme Court, Hungary v. [read post]
8 Jan 2021, 1:17 pm by Ilya Somin
In an interesting recent post, co-blogger Josh Blackman and Seth Barrett Tillman argue that President Trump cannot be impeached and convicted for his role in inciting the riot at the Capitol because he was engaging in First Amendment-protected speech. [read post]
8 Jan 2021, 12:57 am by Josh Blackman
[If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment. ] [This post was co-authored by Josh Blackman and Seth Barrett Tillman] Over the past four years, we have defended many of President Trump's actions as a constitutional matter, while criticizing those actions as a policy matter. [read post]
17 Dec 2020, 11:10 pm by Josh Blackman
[I suspect the Court punted this Kentucky COVID case to avoid jumping the gun on Fulton.] [read post]
13 Nov 2020, 4:32 am by Stephen Sachs
As Justice Barrett noted, you can't sue Congress to make them repeal a law; and in any case, courts don't issue "writs of erasure," stripping pages out of the Statutes at Large. [read post]