Sep 4 2024 Podcast SCOTUScast SEC v. Jarkesy - Post-Decision SCOTUScast Devin Watkins On June 27, 2024, the U.S. Supreme Court issued their 6-3 opinion in SEC v. Jarkesy. The...
Sep 3 2024 Topics Founding Era & History • Litigation • Supreme Court Blog Post Understanding Justice Thomas and Justice Barrett’s Fight Over History GianCarlo Canaparo, Curtis B. Herbert It’s unusual to see news articles about disagreements between Supreme Court Justices, especially with phrases...
Aug 29 2024 Topics Administrative Law & Regulation • Federal Courts • Labor & Employment Law • Litigation Blog Post In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard Elizabeth K. Dorminey Loper Bright strikes again! In Restaurant Law Center v. DOL, decided August 23, 2024, the...
Aug 28 2024 Publication Federalist Society Review Racially Discriminatory Corporate Policies: Who's Liable? Dan Morenoff Laws banning discrimination have been on the books across America for more than a century...
Aug 26 2024 Publication State Court Docket Watch Originalism, Ballot Initiatives, and Abortion in Florida Zack Smith With its June 2022 Dobbs v. Jackson Women’s Health Organization decision, the U.S. Supreme Court...
Aug 23 2024 Topics Federal Courts • Telecommunications & Electronic Media • Federalism & Separation of Powers Blog Post The Sixth Circuit Stays the FCC’s Latest Net Neutrality Flip-Flop Randolph May At last! There’s now a good chance the two decades-old “net neutrality” wars may be...
Aug 20 2024 Topics Article I Initiative • Jurisprudence • Federalism & Separation of Powers Blog Post How President Biden Is Impacting the Judiciary Despite a Changed Appointment Process Thomas Jipping Appointments to the federal bench are among a president’s most profound long-term legacies. Judges serve...
Aug 16 2024 Topics Article I Initiative • Constitution • Separation of Powers • Supreme Court Blog Post Bad Judicial Medicine Ryan L. Bangert This post originally appeared in American Reformer. President Biden and Senator Majority Leader Chuck Schumer recently announced...
Aug 13 2024 Topics Administrative Law & Regulation • Jurisprudence • Litigation • Supreme Court Blog Post After Chevron, a New Birth of Deference for the Administrative State? Jack Fitzhenry, Caleb Sampson For decades, the judicial doctrine called “Chevron deference” dominated American administrative law. In the aftermath...
Aug 12 2024 Publication Federalist Society Review Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct Michael S. McGinniss [T]he judiciary is beyond comparison the weakest of the three departments of power; that it...
SEC v. Jarkesy - Post-Decision SCOTUScast
Devin Watkins
On June 27, 2024, the U.S. Supreme Court issued their 6-3 opinion in SEC v. Jarkesy. The...
Topics
Understanding Justice Thomas and Justice Barrett’s Fight Over History
It’s unusual to see news articles about disagreements between Supreme Court Justices, especially with phrases...
Topics
In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard
Loper Bright strikes again! In Restaurant Law Center v. DOL, decided August 23, 2024, the...
Racially Discriminatory Corporate Policies: Who's Liable?
Dan Morenoff
Laws banning discrimination have been on the books across America for more than a century...
Originalism, Ballot Initiatives, and Abortion in Florida
Zack Smith
With its June 2022 Dobbs v. Jackson Women’s Health Organization decision, the U.S. Supreme Court...
Topics
The Sixth Circuit Stays the FCC’s Latest Net Neutrality Flip-Flop
At last! There’s now a good chance the two decades-old “net neutrality” wars may be...
Topics
How President Biden Is Impacting the Judiciary Despite a Changed Appointment Process
Appointments to the federal bench are among a president’s most profound long-term legacies. Judges serve...
Topics
Bad Judicial Medicine
This post originally appeared in American Reformer. President Biden and Senator Majority Leader Chuck Schumer recently announced...
Topics
After Chevron, a New Birth of Deference for the Administrative State?
For decades, the judicial doctrine called “Chevron deference” dominated American administrative law. In the aftermath...
Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct
Michael S. McGinniss
[T]he judiciary is beyond comparison the weakest of the three departments of power; that it...