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8 Apr 2024, 11:45 am
Pix Credit New York TimesIn a Press Release dated 8 April 2024, the American Law Institute had produced guidance for Insurrection Act Reform.Today, a bipartisan group led by Bob Bauer (NYU School of Law and former White House Counsel to President Obama) and Jack Goldsmith (Harvard Law School and former Assistant Attorney General in the George W. [read post]
8 Feb 2024, 12:51 pm
(Links to many of those previous columns are available in my December column.)Interested readers can find the details of Moore in that December column and in a very good SCOTUSblog piece by John Elwood, but the case arises because Congress in 2017 imposed a tax on some firms' "undistributed retained earnings. [read post]
11 Jan 2024, 5:45 pm
21 Nov 2023, 5:40 am
(Thanks to John Elwood and Matt Hellman for comments on an earlier draft of this post.)The post Arthur D. [read post]
20 Nov 2023, 7:36 am
(Both John Elwood and Kal Golde covered the cases in more detail in their Relist Watch and Petition of the Week columns.) [read post]
13 Oct 2023, 12:16 pm
The justices agreed to decide two other cases, both of which John Elwood covered in more detail in his Relist Watch column on Wednesday: Cantero v. [read post]
13 Oct 2023, 12:12 pm
Elwood was on to something. [read post]
13 Oct 2023, 6:24 am
Yesterday, John Elwood reported that the Court took the unusual step of rescheduling its consideration of the Relentless petition, moving it forward two weeks (from October 27 to October 13). [read post]
12 Oct 2023, 6:29 pm
As John Elwood noted in his Relist Watch column, the justices will consider another case involving the same issue – but from which Justice Ketanji Brown Jackson is not recused – at Friday’s conference. [read post]
5 Oct 2023, 11:49 pm
25 Aug 2023, 6:22 pm
We are 30-plus years into the “Daubert” era, in which federal district courts are charged with gatekeeping the relevance and reliability of scientific evidence. [read post]
14 Jul 2023, 6:39 am
-based attorney, John Elwood, summed it up by saying that if someone’s words are not intended as threats, there is no intent to harm, and therefore a conviction cannot be warranted. [read post]
27 Jun 2023, 2:14 pm
Colorado (where our own John Elwood represented Counterman). [read post]
26 May 2023, 4:00 am
National/Federal Chief Justice John Roberts Defends Supreme Court’s ‘Highest Standards of Conduct,’ Offers No New Rules ABC News – Devin Dwyer | Published: 5/24/2023 Chief Justice John Roberts defended the integrity of the Supreme Court in the face of slumping public approval and growing political pressure after a recent barrage of misconduct allegations. [read post]
24 May 2023, 7:14 pm
Latest "Relist Watch" flags yet another ACCA issue splitting circuit and likely to get SCOTUS review
13 May 2023, 7:12 am
20 Apr 2023, 12:24 pm
Representing Billy Raymond Counterman, John Elwood urged the justices to eschew the objective test on which the state courts relied to convict his client. [read post]
19 Apr 2023, 11:30 am
[Today's oral argument in Counterman v. [read post]
31 Mar 2023, 4:00 am
John Fetterman is set to return to the Senate the week of April 17. [read post]