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6 Feb 2024, 3:36 pm by Marty Lederman
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
10 Aug 2023, 5:38 am by William S. Dodge
Although ICJ decisions lack formal precedential effect, I agree with Jamshidi that the ICJ’s decision in Jurisdictional Immunities of the State (Germany v. [read post]
27 Jun 2023, 9:01 pm by renholding
Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]
19 Mar 2023, 12:56 pm by Giles Peaker
Heavily litigated airspace Fearn & Ors v Board of Trustees of the Tate Gallery (2023) UKSC 4 A belated note on the Supreme Court decision on nuisance and overlooking. [read post]
2 Mar 2023, 9:05 pm by Bryn Hines
Supreme Court’s decision in Dobbs v. [read post]
19 Feb 2023, 5:21 pm by INFORRM
The court said, “in terms of both the data and the methods concerned, the grounds for interference fall far short of the constitutionally required threshold of an identifiable danger. [read post]
6 Feb 2023, 12:51 pm by Giles Peaker
Short answer, it doesn’t. [read post]
25 Oct 2022, 10:46 am by Bernard Bell
  Given that “[s]tates rarely relinquish their sovereign powers,” she asserts, the Supreme Court has required “a clear statement in a compact that they have done so”. [read post]
14 Sep 2020, 3:46 pm by Eugene Volokh
[S]tate and local mitigation measures were of similarly short durations across the nation. [read post]