“Old-School Intentions-and-Expectations Originalism in the Nominal Damages Case”: Law professor Michael C. Dorf has this blog post at “Dorf on Law.”
Posted at 10:04 PM by Howard Bashman
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Tuesday, March 9, 2021
“Old-School Intentions-and-Expectations Originalism in the Nominal Damages Case”: Law professor Michael C. Dorf has this blog post at “Dorf on Law.” Posted at 10:04 PM by Howard Bashman“Institutional Racism, Affirmative Action, and Judicial Hubris: Part II.” Eric Segall has this blog post at “Dorf on Law.” Posted at 10:02 PM by Howard Bashman“A Supreme Court showdown over Trump’s immigration policies ends with a whimper; Three major cases went up in smoke after Biden abandoned Trump policies”: Ian Millhiser has this essay online at Vox. Posted at 9:40 PM by Howard Bashman“Why Do Americans Have So Few Rights? How we came to rely on the courts, instead of the democratic process, for justice.” Online at The Atlantic, law professor Samuel Moyn has this review of law professor Jamal Greene‘s new book, “How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart.” Posted at 9:32 PM by Howard Bashman“Sheldon Whitehouse vs. the Supreme Court; The Senator threatens the Justices on amicus-brief disclosure”: This editorial will appear in Wednesday’s edition of The Wall Street Journal. Posted at 8:57 PM by Howard Bashman“The U.S. Needs More Federal Judges; Neither side wants to give the other an appointment windfall, but there’s a way to break the impasse”: Thomas Berry will have this op-ed in Wednesday’s edition of The Wall Street Journal. Posted at 8:53 PM by Howard Bashman“N.J. Supreme Court Justice Jaynee LaVecchia retiring at the end of August”: Matt Arco of NJ Advance Media has this report. And Daniel Han and Katherine Landergan of Politico report that “LaVecchia retiring from state Supreme Court, giving Murphy appointment opportunity.” Posted at 8:42 PM by Howard Bashman“The Conservatives and The Court”: Law professor Jack Goldsmith has this article in the Winter 2021 issue of Liberties. Posted at 8:34 PM by Howard Bashman“Arkansas governor to sign near-total abortion ban into law”: John Moritz of The Arkansas Democrat-Gazette has this report. Kris Maher of The Wall Street Journal reports that “Arkansas Governor Signs Bill That Bans Most Abortions; Move follows laws in other states that are part of an effort to prompt U.S. Supreme Court to revisit Roe v. Wade.” Andrew DeMillo of The Associated Press reports that “Arkansas governor signs near-total abortion ban into law.” And Gabriella Borter of Reuters reports that “Arkansas passes ban on all abortions except in medical emergencies.” Posted at 8:27 PM by Howard Bashman“Edgewell’s Patent Suit Over Diaper Genie Refill Copycats Revived”: Perry Cooper of Bloomberg Law has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 8:11 PM by Howard Bashman“John Roberts dissents alone and doesn’t hold back”: Joan Biskupic of CNN has this report. Posted at 2:56 PM by Howard Bashman“Madigan wins legal battle centered on dirty tricks allegation”: Ray Long of The Chicago Tribune has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday. Circuit Judge Frank H. Easterbrook‘s opinion for the unanimous three-judge panel contains a clever refutation of the appellant’s contention that using his prior statements as a basis for rejecting the substance of his claim somehow improperly penalized the appellant’s free speech rights. Posted at 1:42 PM by Howard Bashman“Illinois’ Covid-19 In-Person Limits Outweigh Church’s Interest”: Sylvia Carignan of Bloomberg Law has this report (subscription required for full access) on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued yesterday. Posted at 1:28 PM by Howard Bashman“Union Challenges Duty to Represent ‘Free Riders’ at 7th Circuit”: Robert Iafolla of Bloomberg Law had this report back in September 2020. Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this decision dismissing the action due to a lack of standing and ripeness. Posted at 1:22 PM by Howard Bashman“Manslaughter, Violent Crimes, and Legal Theory: Corpus Linguistics Arrives at the Second Circuit.” James Heilpern has this post at The Juris Lab about a recent opinion concurring in part and concurring in the judgment written by Second Circuit Judge Steven J. Menashi. Posted at 1:07 PM by Howard Bashman“‘Dicta About Dicta’: 6th Circuit Panel Gets Testy Over Opinions’ Sources.” Jacqueline Thomsen of The National Law Journal has this report. And at Law & Crime, Jerry Lambe has a post titled “‘Absolutely Savage’ Clinton-Appointed Circuit Judge Calls Out Trump-Appointed Colleague in Nearly Full-Page Footnote.” You can access yesterday’s unpublished decision of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 11:07 AM by Howard Bashman“Immigrant detainees not owed minimum wage under FLSA — 4th Circuit”: Daniel Wiessner of Reuters has this report (subscription required for full access). And Genevieve Douglas of Bloomberg Law has a report headlined “Federal Minimum Wage Rules Don’t Apply to Detainees: Fourth Cir.” (subscription required for full access). You can access Friday’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Posted at 10:48 AM by Howard Bashman“Fourth Circuit Denies Fee Refund for Nonunion Teachers in Maryland; The federal appeals panel sided with teachers’ unions that charged Maryland educators fees regardless of their membership status before the Supreme Court blocked the practice”: Erika Williams of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday. Posted at 10:45 AM by Howard Bashman“When the Chief Stands Alone: Chief Justice Roberts wrote one solo dissent in his first fifteen years on the bench; He has written three in the past four months.” Josh Blackman has this post at “The Volokh Conspiracy.” Posted at 10:30 AM by Howard Bashman“An updated look at Third Circuit chief judgeship succession”: Matthew Stiegler has this post at his “CA3blog.” Posted at 10:26 AM by Howard Bashman“1st Circuit upholds Fidelity win in mutual fund fees lawsuit”: Jody Godoy of Reuters has this report. And Jacklyn Wille of Bloomberg Law reports that “Fidelity Defeats 401(k) Self-Dealing Claims in First Circuit.” You can access Friday’s ruling of the U.S. Court of Appeals for the First Circuit at this link. Posted at 10:18 AM by Howard Bashman |
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