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2 Aug 2022, 6:30 am by Guest Blogger
Casey.[5]Differing interpretive approaches and conclusions in its majority and dissenting opinions display competing visions of “history and tradition. [read post]
27 Jul 2022, 10:33 am by Guest Blogger
An example is a useful discussion between Jamie McGowanand Michael Foranabout how exactly judicial review of rights works on classical premises. [read post]
17 Jul 2022, 9:05 pm by Stephen M. Bainbridge
In 1978, the American Law Institute (ALI) authorized a project originally intended to result in a Restatement of corporate law.[1] The drafters intended their project to be a departure from traditional restatements.[2] As they visualized it, the project was to offer “a combination of classic Restatement, forward looking guidelines, and perhaps also model provisions. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
The events of the past month, including, most notably, the Dobbs case reversing Roe, has exposed the hollowness of the hope that what used to be called “reasoned elaboration” would, as somewhat pathetically asserted in the famous plurality opinion in Casey in by Justices O’Connor, Kennedy, and Souter, bring the national debate to an end because the Supreme Court, had, after all, issued its ukase. [read post]
8 Jul 2022, 8:30 am by JB
Justice Kennedy the co-author of Casey, was in the majority, and Chief Justice Rehnquist cited Casey as an example of a decisions consistent with his general approach. [read post]
5 Jul 2022, 9:01 pm by Michael C. Dorf
He begins by stating that “[n]either Roe nor Casey saw fit to invoke” equal protection. [read post]
23 Jun 2022, 2:26 pm by Eugene Volokh
From In re Marriage of Fabos & Olsen, decided today by the Colorado Court of Appeals (written by Judge Michael Berger and joined by Judges Jaclyn Casey Brown & Sueanna Johnson), in which the wife (Fabos) and the husband (Olsen) were "disput[ing] the disposition of their cryogenically frozen pre-embryos after their divorce": [W]e review the district court's award of the parties' pre-embryos to wife based on its application of the multi-factor balancing… [read post]
14 Jun 2022, 7:00 pm
Senators Bob Casey (D-PA) and John Cornyn (R-TX) and Representatives Rosa DeLauro (D-CT), Bill Pascrell, Jr. [read post]
” The new Investment Committee will be headed by a high level clergyman and several investment experts including Cardinal Kevin Joseph Farrell, Jean Pierre Casey, Giovanni Christian Michael Gay, David Harris and John J. [read post]
6 Jun 2022, 9:01 pm by Sherry F. Colb
Casey and would accordingly invite the states and federal government to force women to carry unwanted pregnancies to term and then birth the babies that they did not wish to create in the first place. [read post]
2 Jun 2022, 9:00 pm by Vikram David Amar
The answer, I think, requires us to focus on all the pre-Roe statutes – laws that were adopted prior to 1973 and that many analysts argue will spring back to life if Roe and Casey are completely overruled. [read post]