Weekly litigation report — October 14, 2016

Victory in free speech case The City of San Juan Capistrano agreed this week to stop enforcing it’s ban on putting “for sale” signs in car windows in Cefali v. … ›

Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

Challenging the Dogma of Deference

Our Constitution includes several ingenious mechanisms for protecting individual rights—checks and balances, the separation of powers, federalism, enumerated powers, the Bill of Rights. Central to these was the idea of … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

Justice Stevens' environmental law legacy

Author: Damien M. Schiff Grist.com has this fairly well-balanced piece by Doug Kendall lauding retiring Justice John Paul Stevens' judicial decisions dealing with environmental law issues over his three-decade-plus tenure on … ›

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Weekly litigation report — October 14, 2016

Victory in free speech case The City of San Juan Capistrano agreed this week to stop enforcing it’s ban on putting “for sale” signs in car windows in Cefali v. … ›

Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

Challenging the Dogma of Deference

Our Constitution includes several ingenious mechanisms for protecting individual rights—checks and balances, the separation of powers, federalism, enumerated powers, the Bill of Rights. Central to these was the idea of … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

Justice Stevens' environmental law legacy

Author: Damien M. Schiff Grist.com has this fairly well-balanced piece by Doug Kendall lauding retiring Justice John Paul Stevens' judicial decisions dealing with environmental law issues over his three-decade-plus tenure on … ›

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Weekly litigation report — October 14, 2016

Victory in free speech case The City of San Juan Capistrano agreed this week to stop enforcing it’s ban on putting “for sale” signs in car windows in Cefali v. … ›

Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

Challenging the Dogma of Deference

Our Constitution includes several ingenious mechanisms for protecting individual rights—checks and balances, the separation of powers, federalism, enumerated powers, the Bill of Rights. Central to these was the idea of … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

Justice Stevens' environmental law legacy

Author: Damien M. Schiff Grist.com has this fairly well-balanced piece by Doug Kendall lauding retiring Justice John Paul Stevens' judicial decisions dealing with environmental law issues over his three-decade-plus tenure on … ›

Weekly litigation report — October 14, 2016

Victory in free speech case The City of San Juan Capistrano agreed this week to stop enforcing it’s ban on putting “for sale” signs in car windows in Cefali v. … ›

Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

Challenging the Dogma of Deference

Our Constitution includes several ingenious mechanisms for protecting individual rights—checks and balances, the separation of powers, federalism, enumerated powers, the Bill of Rights. Central to these was the idea of … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

Justice Stevens' environmental law legacy

Author: Damien M. Schiff Grist.com has this fairly well-balanced piece by Doug Kendall lauding retiring Justice John Paul Stevens' judicial decisions dealing with environmental law issues over his three-decade-plus tenure on … ›