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13 Jan 2015, 2:07 pm by Jim Rossi
Arguing on behalf of ONEOK, Neal Katyal firmly maintained that the Court should reject the Ninth Circuit’s approach and instead find field preemption of gas pricing practices that directly affect wholesale rates: “Congress has drawn a bright line between state and federal authority in the setting of wholesale rates . . . . [read post]
9 Jan 2015, 10:52 am by Eric Muller
Charles Shaheen has just published in the American Journal of Legal History an article (entitled "Solicitor General Charles Fahy and Honorable Defense of the Japanese–American Exclusion Cases") defending wartime Solicitor General Charles Fahy against the wll-known and almost universally credited accusation (leveled in the 1980s by Peter Irons and recently picked up by Neal Katyal) that Fahy suppressed material evidence of the innocence (as it were) of… [read post]
7 Jan 2015, 7:12 am by Matthew L.M. Fletcher
. # 13 Neal Katyal Ah, people could be ranked higher, but it’s a competitive game. [read post]
1 Jan 2015, 4:10 am by Matthew L.M. Fletcher
Diane Humetewa Neal Katyal Kumeyaay Cultural Repatriation Committee Dean Stacy Leeds/Angelique EagleWoman McAllen Grace Brethren Church Frank Pommersheim Justice Sonia Sotomayor Hon. [read post]
4 Dec 2014, 7:53 am by Ronald Mann
Justice Anthony Kennedy, for example, apparently recalling Neal Katyal’s Tuesday argument in B&B Hardware v. [read post]
3 Dec 2014, 7:55 am by Ronald Mann
Similarly, Neal Katyal (appearing on behalf of Hargis) got an opportunity during his presentation to emphasize the objective basis for the concerns Justices Ginsburg and Kagan had raised earlier. [read post]
13 Nov 2014, 9:19 am by Jeanine Conley and Mackenna Mosier
Neal Katyal, MacLean’s attorney, following what appeared to be the justices’ lead, argued that the language of the legislation empowering the TSA to prescribe regulations prohibiting disclosure of information if the “undersecretary decides disclosing information would be detrimental to the security of transportation” was too general to satisfy the WPA “specifically prohibited by law” exemption. [read post]
6 Nov 2014, 6:42 am by Steve Vladeck
And although one major clue that such a result may be forthcoming came in the Justices’ skepticism concerning the potentially illusory distinction on which the government’s argument rests, the real key may have been the effective rejoinder by counsel for the respondent, former acting Solicitor General Neal Katyal, that any harm that may thereby result to national security could be mitigated through executive orders. [read post]
1 Nov 2014, 11:36 am by Walter Olson
Academic panelists will include — among many others — Richard Epstein, Chai Feldblum, Gail Heriot, Lucian Bebchuk, Jonathan Turley, Neal Katyal, Randy Kennedy, our own Jonathan Adler and Nick Rosenkranz, and [Eugene Volokh]. [read post]
31 Oct 2014, 9:00 am by Steve Vladeck
” In response, MacLean, represented by former acting Solicitor General Neal Katyal (and joined by a diverse and wide-ranging cohort of amici), focuses on the language of the ATSA’s delegation, arguing that “that law does not prohibit anything at all—it merely allows DHS ‘to prescribe regulations prohibiting the disclosure of information. [read post]
17 Oct 2014, 6:19 am by Kali Borkoski
Thanks to the passage of history, and limiting the questions presented, attorneys Neal Katyal, “representing” James McCulloch, and Jeffrey Bucholtz, on behalf of Maryland, were both able to make compelling arguments of only twenty-five minutes each. [read post]
10 Sep 2014, 7:48 pm by Byron Stier
Professor Neal Katyal (Georgetown) and Theodore Olson (Gibson Dunn) take part in a Federalist Society panel on class action reform and the BP Deepwater Horizon case; the panel is moderated by Stuart Taylor (Brookings Institution). [read post]
10 Jul 2014, 7:40 am by Kedar Bhatia
 Neal Katyal noted that this is the highest percentage of unanimous opinions in any single Term since World War II. [read post]
30 Jun 2014, 3:11 am by Amy Howe
” Briefly: In an op-ed for The New York Times, Neal Katyal discusses the Court’s recent unanimous opinions, arguing that such unanimity “is important because it signals that the justices can rise above their differences and interpret the law without partisanship. [read post]
1 May 2014, 8:31 am by Amy Howe
” In an op-ed for The Hollywood Reporter, Neal Katyal weighs in on American Broadcasting Companies v. [read post]
21 Apr 2014, 4:29 pm by Kali Borkoski
Click below to listen to Chet Kanojia, Aereo’s founder and CEO, Brenda Cotter, Aereo’s General Counsel, and former Acting Solicitor General Neal Katyal, advisor to the broadcasters, discuss the upcoming oral argument. [read post]