Search for: "Neil S. Siegel"
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25 May 2012, 6:53 am
Neil Siegel and others have offered arguments for upholding the mandate based on constitutional structure. [read post]
8 Apr 2012, 9:25 pm
As Neil Siegel and I explained in our Anti-Injunction Act article, that particular juxtaposition is difficult to reconcile with the Court's precedents in this area; yet the government advanced the argument anyway. [read post]
8 Feb 2007, 6:20 am
Neil Siegel, in his 2005 critique of Sunstein's work on minimalism - A Theory in Search of a Court, and itself: Judicial Minimalism at the Supreme Court Bar, available online here - has written that "pre-empirically, it appears more likely that whatever costs the Court saves itself by taking a minimalist path will be outweighed by the costs incurred by litigants, lower courts, and, political bodies". [read post]
27 Jun 2019, 3:27 am
At Balkinization, Neil Siegel implores the justices not to “’just look away’” from the real motivations behind the decision. [read post]
29 Nov 2017, 10:04 am
This brought Douglas’s riposte:Mr. [read post]
13 Feb 2014, 1:30 pm
Curtis Bradley and Neil Siegel The constitutional text looms large in the recess appointments case, NLRB v. [read post]
19 May 2022, 5:56 am
The equality arguments summarized by Professor Reva Siegel and Professor Neil Siegel (and here by just RS) recognize a "bona fide interest in protecting potential life. [read post]
5 Feb 2022, 6:30 am
Neil Siegel In a new article, I argue that Court-packing—that is, changing the size of the U.S. [read post]
14 Jan 2013, 5:35 am
(Reva Siegel and Neil Siegel point out that the case can—and should—be read more narrowly to exclude only some pregnancy discrimination, but unfortunately, that is not how courts have read it since.)Geduldig’s vision of social reality divided the world not between men and women but—I am not making this up— between “pregnant and non-pregnant persons. [read post]
5 Jul 2012, 2:14 pm
Thus the ACA’s exaction for non-insurance has a penalty’s expression and a tax’s materiality. [read post]
7 Oct 2014, 3:43 am
Also at this blog, Suzanne Goldberg and Neil Siegel weighed in on the denials. [read post]
21 May 2014, 1:00 pm
His opinion bore a remarkable similarity to an academic paper posted to SSRN by Robert Cooter and Neil Siegel, “Not the Power to Destroy: An Effects Theory of the Tax Power,” which had been downloaded 162 times at the time of the decision. [read post]
20 Apr 2016, 3:04 am
Commentary comes from Neil Siegel at The Hill. [read post]
23 Mar 2012, 11:20 am
Brian Galle, Neil Siegel, and my former colleague Max Stearns). [read post]
22 Jan 2021, 1:47 pm
" In other words, the Constitution's impeachment power has two aspects. [read post]
12 Feb 2020, 8:55 am
While Democrats have every right to respond to GOP nomination "hardball" in kind (and vice versa), court-packing would go far beyond that for reasons well explained by liberal legal scholars Noah Feldman and Neil Siegel. [read post]
8 May 2012, 12:35 pm
For one thing, the Court could easily also set out some limiting principles on the taxing power, along the lines sketched nicely by Bob Cooter and Neil Siegel, that would be fully consistent with § 5000A. [read post]
25 Jun 2020, 7:09 am
In March 2020, Justice Neil Gorsuch suggested that the courts, “charged with the independent and neutral interpretation of the laws Congress has enacted,” should not defer what he called “bureaucratic pirouetting. [read post]
26 Feb 2015, 9:20 am
In addition to Dodson’s own essay, the book includes contributions by, among others, Thomas Goldstein, Lani Guinier, Robert Katzmann, Herma Hill Kay, Linda Kerber, Dahlia Lithwick, Neil and Reva Siegel, Nina Totenberg, and Joan Williams. [read post]
29 Mar 2012, 9:28 am
Cato@Liberty, David Koppel of the Volokh Conspiracy, and Jack Balkin, Neil Siegel, and Sandy Levinson at Balkinzation, all offer thoughts on a “limiting principle” for congressional power. [read post]
