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23 Jan 2024, 7:42 am by Austin Sarat
And in 2022, the Supreme Court seemed to reaffirm that decision and again ruled that appellate courts do not have to consider actual innocence claims.Not surprisingly, Herrera has generated lots of controversy.For example, in 2009, Justice John Paul Stevens used a concurrence in another actual innocence case to observe that any statute that “bars relief for a death row inmate who has established his innocence” is “arguably unconstitutional. [read post]
20 Jan 2024, 4:58 am by SHG
Not even a New Deal Supreme Court justice could honestly argue that placing a sticky piece of paper on your floor affects interstate commerce. [read post]
19 Jan 2024, 9:18 am by Eugene Volokh
., decided Wednesday by the South Carolina Supreme Court, in an opinion by Justice Hill: Petitioner Jeffrey L. [read post]
18 Jan 2024, 11:11 pm by Josh Blackman
The Colorado Supreme Court engaged in improper speculation about Chief Justice Chase's motives D. [read post]
18 Jan 2024, 5:54 am
  The case was decided 6-0 by the US Supreme Court with Justice John Paul Stevens writing for the majority. [read post]
16 Jan 2024, 9:01 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
16 Jan 2024, 12:30 pm by Amy Howe
Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. [read post]
16 Jan 2024, 5:45 am by Mark Graber
  Justice Stephen Field’s charge in Greathouse v. [read post]
16 Jan 2024, 5:01 am by Eugene Volokh
The District Court's Interpretation of Section 241 Would Render It Unconstitutionally Overbroad Courts have regularly invalidated statutes that are "substantially overbroad," Stevens, 559 U.S. at 842, or that are insufficiently tailored to their ends, Alvarez, 567 U.S. at 737-38 (Breyer, J.). [read post]
14 Jan 2024, 1:50 am by Steven Calabresi
I also believe, along with the Institute for Justice, that the four dissenters in The Slaughter-House Cases, 83 U.S. 36 (1873) were right that Americans have a fundamental right to pursue any occupation they want to pursue so long as they do not endanger or hurt third parties along the way. [read post]
12 Jan 2024, 9:00 am by Ashley Belanger
It started when then-CEO Devin Wenig and then-chief communications officer Steven Wymer decided to "take down" the Steiners after growing frustrated with their coverage of eBay in a newsletter called EcommerceBytes.Read 16 remaining paragraphs | Comments [read post]
11 Jan 2024, 3:00 am by jonathanturley
” According to Justice Steven David, I may have been understated. [read post]
10 Jan 2024, 2:12 pm by Guest Author
” Whether intended or not by Justice John Paul Stevens, who authored the unanimous opinion, the Chevron regime has come, over the years, to be viewed as significantly altering the then-existing understanding of the judiciary’s role in reviewing agency decisions. [read post]
10 Jan 2024, 9:23 am by Levin & Perconti Team
Ability to Escape Liability by Transferring Ownership Senior partner Steven Levin and partner Michael Bonamarte are representing two separate families whose loved ones died from negligent care in nursing homes that transferred ownership to other companies. [read post]
10 Jan 2024, 9:23 am by Levin & Perconti Team
Ability to Escape Liability by Transferring Ownership Senior partner Steven Levin and partner Michael Bonamarte are representing two separate families whose loved ones died from negligent care in nursing homes that transferred ownership to other companies. [read post]
9 Jan 2024, 12:05 pm by Eugene Volokh
Harvard Law School, The 2015 Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes, YouTube, at 08:29 (Nov. 25, 2015), https://youtu.be/dpEtszFT0TgKagan. [read post]
7 Jan 2024, 3:45 am by jonathanturley
The Justice Department is likely to seek threshold grounds for dismissal, but the case could offer needed answers to a number of questions. [read post]