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14 Apr 2024, 6:00 am
Introduction The first year of law school usually includes an introduction of some kind to the doctrine of stare decisis (or precedent) and the related concepts of dicta and holdings. [read post]
12 Apr 2024, 1:10 pm
Justice Amy Coney Barrett's opinion for the Court effectively summarizes the reasons why the idea that there is a legislative exception makes little sense: Nothing in constitutional text, history, or precedent supports exempting legislatures from ordinary takings rules. [read post]
12 Apr 2024, 12:23 pm
Horrible men a la Amy Tan, lack of diversity in theater seasons, and the burden of harm that Asians bear are just a few things on the table in Lew’s sweeping script. [read post]
12 Apr 2024, 10:56 am
In a unanimous decision authored by Justice Amy Coney Barrett, the justices agreed with Sheetz that conditions on building permits should be subject to heightened scrutiny even if they were authorized by legislation, rather than imposed on an individual basis by administrators. [read post]
11 Apr 2024, 5:59 pm
Guest post by Tim Holbrook. [read post]
11 Apr 2024, 8:55 am
Several scholars have criticized the latest iteration of the doctrine, and some—including former law professor, now-Justice Amy Coney Barrett—have sought to defend it as consistent with textualism, as a linguistic canon, as part of the ordinary “common sense” context a reasonable reader would consider, or as a canon designed to protect the Constitution’s nondelegation principle. [read post]
10 Apr 2024, 9:06 pm
Amy Keating, a registered dietitian at Consumer Reports, expressed concern, noting that these kits are highly processed, with processed meat being a main ingredient, which has been linked to increased cancer risks. [read post]
10 Apr 2024, 7:06 am
“When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private,” Justice Amy Coney Barrett wrote on behalf of the Court. [read post]
8 Apr 2024, 7:52 pm
“We’ve seen a dramatic increase across the country in reports from consumers who’ve been dropped by their insurers on the basis of an aerial image,” said Amy Bach, executive director of consumer group United Policyholders. [read post]
8 Apr 2024, 5:44 am
During his presidency, Trump successfully nominated three conservative justices to the nation’s highest court: Neil Gorsuch, who replaced conservative predecessor Antonin Scalia; Brett Kavanaugh, who replaced the swing-voting Anthony Kennedy, and Amy Coney Barrett, who replaced progressive icon Ruth Bader Ginsburg. [read post]
8 Apr 2024, 4:22 am
The LLC, owned by Amy Schwartz and Randy Schwartz, had no operating agreement. [read post]
8 Apr 2024, 3:49 am
[David Lat] understands why the left remains traumatized by how Justice Ruth Bader Ginsburg was replaced by Justice Amy Coney Barrett. [read post]
7 Apr 2024, 9:37 pm
By: Nicki Milionis and Michael McCrae with thanks to Yasmine Sahihi and Amy Moore for their contributions Victoria’s first industrial manslaughter decision pursuant to section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) was handed down in the Supreme Court recently in R v LH Holding Management Pty Ltd & Hanna [2024] VSC 90 (R v LH). [read post]
7 Apr 2024, 11:24 am
"Wrote Amy Ettinger, last August, in "I am dying at age 49. [read post]
5 Apr 2024, 6:00 am
National/Federal From Pizzagate to the 2020 Election: Forcing liars to pay or apologize Las Vegas Sun – Elizabeth Williamson (New York Times) | Published: 4/2/2024 Michael Gottlieb, a partner at the firm Willkie Farr & Gallagher and a former associate counsel in the Obama White House, is at the forefront of a small but growing cadre of lawyers deploying defamation, one of the oldest areas of the law, as a weapon against a tide of political disinformation. [read post]
4 Apr 2024, 6:32 am
Gore--but Roberts hardly gets a free pass there, given that he, along with Justices Brett Kavanaugh and Amy Coney Barrett, was part of the Bush legal team in the case. [read post]
3 Apr 2024, 10:08 am
Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society Amy A. [read post]
3 Apr 2024, 4:00 am
Elections Georgia: “Georgia Lawmakers Approve New Election Rules That Could Impact 2024 Presidential Contest” by Sudhin Thanawala and Jeff Amy (Associated Press) for Yahoo News Ethics National: “Appeals Court Sides with Judge Who Threatened Peter Navarro with Contempt” by Rachel Weiner (Washington Post) for MSN Kentucky: “Louisville Mayor’s Wife Repeatedly Turned to City Worker for Social Media Help, Texts Show” by… [read post]
2 Apr 2024, 12:21 pm
Justice Sonia Sotomayor, an Obama nominee, has used it in a decision for the court — and Justice Amy Coney Barrett, a Trump nominee, has expressed some skepticism about it. [read post]
2 Apr 2024, 11:09 am
" As Amy Davidson Sorkin put it in The New Yorker, Alito was clearly "suggesting that the company was just a greedy abortion-pushing profiteer. [read post]