Search for: "Neil Siegel" Results 161 - 180 of 206
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27 Jun 2019, 3:27 am by Edith Roberts
 At Balkinization, Neil Siegel implores the justices not to “’just look away’” from the real motivations behind the decision. [read post]
14 Jan 2013, 5:35 am by JB
(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]
19 May 2022, 5:56 am by Samuel Bray
  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]
31 Jan 2011, 8:43 am by Adam Thierer
(2009) · Clay Shirky, Cognitive Surplus: Creativity and Generosity in a Connected Age (2010) · Nick Bilton, I Live in the Future & Here’s How It Works (2010) · Kevin Kelly, What Technology Wants (2010) · Neil [read post]
25 Mar 2012, 9:30 pm
 Neil Siegel and I elaborated this argument earlier in the year in the Yale Law Journal Online. 2) Tomorrow the Court will turn to the merits of the challenges to the minimum coverage provision. [read post]
24 Oct 2016, 4:35 am by Edith Roberts
” At Balkinization, Neil Siegel summarizes his recent contribution to a Yale Law Journal symposium on Justice Samuel Alito, concluding “that, especially in light of Justice Scalia’s passing, Justice Alito has become the primary judicial voice of the many millions of Americans who appear to be losing the culture wars, including in conflicts over gay rights, women’s access to reproductive healthcare, religious exemptions, and affirmative action. [read post]
8 May 2012, 12:35 pm by Guest Blogger
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 by Nicholas Mosvick
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]
29 Mar 2012, 9:28 am by Kiran Bhat
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]
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]
26 Feb 2015, 9:20 am by Barbara Babcock
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]
9 Jun 2015, 6:16 am by Curtis Bradley
If functional concerns are stripped out of the political question doctrine in the service of formalism, they may well reemerge at the merits stage, something that Neil Siegel and I suggested in a recent article on Noel Canning in the Supreme Court Review. [read post]
5 Dec 2011, 6:30 am by Joshua Matz
  At Verdict, Michael Dorf and Neil Siegel argue that the Anti-Injunction Act does not bar the Court’s review of the individual mandate, but they add that, to resolve any doubt, “Congress should enact a special-purpose statute stating that the Anti-Injunction Act does not bar pre-enforcement challenges to the minimum coverage provision until that provision actually goes into effect. [read post]
28 Nov 2017, 5:39 am by Richard Primus
  Readers interested in a broad conversation could read Jack Balkin, Mark Tushnet, Ilya Somin, Josh Blackman, Neil Siegel, and David Super, as well as a responseto my initial essay from Calabresi and Hirji themselves. [read post]
29 Nov 2017, 10:04 am by Sandy Levinson
  One of the things that is different about the constitutional law casebook that I have the honor to co-edit, in its present version with Jack, Akhil Amar, and Riva Siegel (though I remain eternally grateful to Paul Brest for his original vision and kindness in asking me to join him in the second edition), is that it includes hefty excerpts from the Lincoln-Douglas debates. [read post]
6 May 2019, 6:30 am by David Pozen
For the symposium on Sanford Levinson and Jack M. [read post]
17 May 2010, 5:45 pm by JB
I've made this point in my forthcoming Michigan article on the Commerce Clause, and it is a central claim of Neil Siegel and Robert Cooter's forthcoming Stanford article "Collective Action Federalism: A General Theory of Article I, Section 8" [which, unfortunately, does not seem to be currently posted on SSRN]Put differently, when a federal statute solves a genuine collective action problem, courts should give Congress the benefit of the doubt in interpreting… [read post]
23 Dec 2011, 12:29 pm by Adam Thierer
This is what always drives me batty when reading the work of Net pessimists like Neil Postman, Lee Siegel, Andrew Keen, Jaron Lanier, etc. [read post]