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8 Sep 2022, 5:35 am by Jack Goldsmith
[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]
4 Aug 2022, 6:30 am by Guest Blogger
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]
2 Aug 2022, 6:30 am by Guest Blogger
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]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
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 by INFORRM
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 by Leslie C. Griffin
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 by INFORRM
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 by INFORRM
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]
15 May 2022, 4:48 pm by INFORRM
On 12 May 2022, there were hearings in the cases of Lee -v- Brown before Collins Rice J and MPL -v- WSZ before Saini J. [read post]
13 May 2022, 4:00 am by Jim Sedor
National/Federal A 49-Year Crusade: Inside the movement to overturn Roe v. [read post]