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25 Oct 2022, 6:30 am
Some readers may be surprised to discover that his judicial hero, in many ways, is not, say, William J. [read post]
7 Oct 2022, 4:00 am
From the States and Municipalities Alabama – Supreme Court Debates Alabama’s Refusal of Second Black Voting District MSN – Robert Barnes (Washington Post) | Published: 10/4/2022 The U.S. [read post]
On Divesting, Investing, and Critically Examining Help: Lessons from a Symposium Centering Abolition
20 Sep 2022, 3:30 am
J. [read post]
8 Sep 2022, 3:05 pm
J. 526 (2022). [read post]
8 Sep 2022, 5:35 am
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]
29 Aug 2022, 5:00 am
Bureau 1, 2 (2014); Robert B. [read post]
4 Aug 2022, 6:30 am
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
4 Aug 2022, 5:01 am
Rev. 1669, 1703-19 (2001). [2] See, e.g., Roberts v. [read post]
4 Aug 2022, 4:50 am
Richard J. [read post]
2 Aug 2022, 6:30 am
Today’s justices make generous use of legal canons—those old principles of interpretation that come from Roman law and are often, perhaps surprisingly, shared with Islamic law.[15]After Karl Llewelyn excoriated the use of these legal canons to interpret statutes as incoherent over half a century ago, Justice Scalia and his textualist colleagues (and disciples) rehabilitated them.[16]They are now favored tools for Justices Barrett, Kavanaugh, Gorsuch, Alito, Roberts, and Thomas. [read post]
30 Jul 2022, 8:57 am
Brown, Calera, ALFC3 William R. [read post]
21 Jul 2022, 11:30 am
J. [read post]
5 Jul 2022, 12:50 pm
Rhodes, Robert S. [read post]
4 Jul 2022, 9:05 pm
Concluding that the EPA had claimed to discover “an unheralded power” to effect a “nationwide transition away from the use of coal to generate electricity,” it ruled in a 6-3 decision, authored by the Chief Justice, that: “[I]t is not plausible that Congress gave the EPA the authority to adopt on its own such a regulatory scheme in Section 111(d)” of the Clean Air Act.[18] Chief Justice Roberts’ decision, while greatly disappointing to… [read post]
4 Jul 2022, 2:56 pm
On 27 June 2022, there was a pre-trial review in Millett v Corbyn before Nicklin J. [read post]
27 Jun 2022, 9:01 pm
S. ___, ___–___ (2022) (BREYER, J., dissenting) (slip op., at 24–28) (explaining the pitfalls of a “near-exclusive reliance on history” and offering examples of when this Court has “misread” history in the past); Brown v. [read post]
26 Jun 2022, 4:06 pm
On 20-24 June 2022, the trial in the case of Robert Lee v Vanessa Brown was heard before Collins Rice J. [read post]
19 Jun 2022, 4:31 pm
On 20-24 June 2022, there will be a trial in the case of Robert Lee v Vanessa Brown before Collins Rice J On 22 June 2022, there will be an application in Koutrouchi v Currie Appeal before Johnson J On 23-24 June 2022, there will be applications in Piepenbrock v LSE before Heather Williams J. [read post]
16 Jun 2022, 9:05 pm
[Editor’s Note: This post is based on a comment letter submitted to the U.S. [read post]
16 Jun 2022, 4:30 am
Ryan J. [read post]