Search for: "In re Robert W."
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5 Aug 2022, 6:30 am
It is foolhardy to deny the continued relevance of W. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
31 Jul 2022, 5:53 am
This is embarrassing for a lawyer because we’re supposed to be “member[s] of a learned profession” who “cultivate knowledge of the law beyond its use for clients. [read post]
27 Jul 2022, 10:35 am
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
19 Jul 2022, 6:14 am
John W. [read post]
19 Jul 2022, 5:01 am
In re Chmura, 608 N.W.2d 31 (Mich. 2000); State v. [read post]
6 Jul 2022, 7:02 am
(discussing displacement of Native American tribes); id. at 2483-85 (Roberts, J., dissenting)(same); Johnson v. [read post]
5 Jul 2022, 10:09 pm
Some years ago, I remarked that "[w]e're all textualists now. [read post]
5 Jul 2022, 9:00 pm
The Court granted certiorari in Dobbs on the question of “[w]hether all pre-viability prohibitions on elective abortions are unconstitutional”—and then, as Chief Justice John Roberts noted in his concurrence, elected to overrule Roe and Casey.In his opinion for the Court, Justice Alito reasoned that “the Constitution makes no mention of abortion,” no right to abortion is “implicitly protected by any constitutional provision,” and,… [read post]
30 Jun 2022, 4:48 am
Timothy W. [read post]
26 Jun 2022, 9:00 pm
It fosters “evenhanded” decision making by re- quiring that like cases be decided in a like manner. [read post]
25 Jun 2022, 4:02 am
Robert Burrell: heritage brand cases in Australia, some of which produce really undesirable results. [read post]
24 Jun 2022, 4:36 am
So even if we’re persuaded on TM use we have to think about the scope of that right. [read post]
19 Jun 2022, 7:43 am
Henry: I would recommend David W. [read post]
17 Jun 2022, 2:09 pm
You put your right foot in You put your right foot out You put your right foot in And you shake it all about You do the Hokey Pokey and you turn yourself around That’s what it’s all about! [read post]
16 Jun 2022, 9:05 pm
The SEC explained: [W]e believe that NEPA requires and authorizes the Commission to consider the promotion of environmental protection along with other considerations in determining whether to require affirmative disclosures by registrants under the Securities Act and the Securities and Exchange Act . . . . [read post]
16 Jun 2022, 6:13 am
A part of President Donald Trump’s effort to overturn the presidential election involved an effort to misuse the Electoral College in seven battleground states. [read post]
9 Jun 2022, 10:22 am
Brodie, The Magic of Civil Procedure Robert M. [read post]
9 Jun 2022, 10:17 am
Brodie, The Magic of Civil Procedure Robert M. [read post]
8 Jun 2022, 9:01 pm
By the time it was decided, as future Justice Robert H. [read post]
