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25 Oct 2023, 10:40 am
SCOTUS Navajo water case recap disputed. [read post]
24 Oct 2023, 9:01 pm
B. 8 has been to nullify [the Supreme] Court’s rulings” and federal law in violation of essential precepts of American constitutionalism. [read post]
24 Oct 2023, 5:25 pm
SCOTUS MOTTO: Jus callin balls and strikes and upholding precedents (unless it involves abortion or the exclusionary rule). [read post]
24 Oct 2023, 2:15 pm
Court of Appeals for the Federal Circuit (CAFC) decision that reversed a district court ruling and $20 million verdict for the inventors. [read post]
24 Oct 2023, 2:15 pm
Court of Appeals for the Federal Circuit (CAFC) decision that reversed a district court ruling and $20 million verdict for the inventors. [read post]
23 Oct 2023, 9:29 am
Justices agreed to hear the Biden administration's appeal of the injunction, which will be stayed until the high court issues a ruling that could either uphold the injunction or block it permanently. [read post]
19 Oct 2023, 5:19 am
Chevron deference, of course, does depend upon the “reasonableness” of the agency’s rule but, as interpreted by courts today, it is not necessarily or even primarily geared toward that the quality of the reasoning (on the unique features of review based on the quality of reason-giving, see especially the work of Jerry Mashaw). [read post]
19 Oct 2023, 3:30 am
We’ve previously blogged about the split between the circuits over whether deficiencies in MD&A disclosures, standing alone, are sufficient to give rise to a private Rule 10b-5 claim & efforts to persuade the SCOTUS to address the issue. [read post]
17 Oct 2023, 9:05 pm
After Ag-gag laws were originally based on criminal law, North Carolina was known for switching to civil law, but in a 2-to-1 ruling, the 4th U.S. [read post]
17 Oct 2023, 9:15 am
Supreme Court on Monday denied certiorari to review a February ruling of the U.S. [read post]
17 Oct 2023, 9:15 am
Supreme Court on Monday denied certiorari to review a February ruling of the U.S. [read post]
17 Oct 2023, 6:30 am
Chevron deference, of course, does depend upon the “reasonableness” of the agency’s rule but, as interpreted by courts today, it is not necessarily or even primarily geared toward that the quality of the reasoning (on the unique features of review based on the quality of reason-giving, see especially the work of Jerry Mashaw). [read post]
14 Oct 2023, 1:01 am
He advocated eloquently for Black rights, along with the health and safety of immigrant industrial workers and the rights of people in places such as Puerto Rico, Hawaii, and the Philippines, which were ruled by the United States in a time of imperialism. [read post]
11 Oct 2023, 3:30 pm
Current case law and ethical rules set up well-intentioned prosecutors by obscuring the racial bias embedded in this rhetoric and the likely impact of coded language on jurors. [read post]
11 Oct 2023, 5:35 am
In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). [read post]
11 Oct 2023, 5:35 am
In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). [read post]
11 Oct 2023, 4:00 am
"(3) Later today (2 PM ET), Professor Vikram Amar and I will preview the current SCOTUS Term for a Justia Webinar. [read post]
10 Oct 2023, 2:15 pm
The U.S. [read post]
10 Oct 2023, 2:15 pm
The U.S. [read post]
6 Oct 2023, 2:19 pm
In which the Fifth Circuit honors the first rule of admiralty law: seafaring puns. [read post]
