All posts in tag: litigation

Dan Farber Justice Thomas declares war on rulemaking

It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of … More >

Ethan Elkind Why defamation suit against climate denialists is the right move

One of the country’s leading climate scientists, Dr. Michael Mann, has been harassed, threatened, and berated for his views that human actions are contributing to global climate change. But not just from anonymous commenters on websites — from leading publications like the National Review Online. After being compared to Jerry … More >

Dan Farber The Roberts Court’s corporate romance

Forty years ago, before going on the Supreme Court, Lewis Powell wrote a call to arms for business interests, calling on them to counter “enemies of the free enterprise system” like Ralph Nader.  Among other things, he recommended a concerted campaign to influence the courts.  The campaign seems to have … More >

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