Per Curiam

Ohio v. EPA Oral Argument and Standards of Review on the Emergency Docket – Thomas Koenig

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Ohio v. EPA Oral Argument and Standards of Review on the Emergency Docket – Thomas Koenig

Download PDF Ohio v. EPA Oral Argument and Standards of Review on the Emergency Docket Thomas Koenig* The Supreme Court held oral argument this morning in Ohio v. EPA.  The oral argument offers some insights on the potential for the Court to clarify its standard of review for assessing attempts to temporarily halt administrative action. In the case, a number of States and private industry are asking the Court to “stay” the EPA’s implementation of its new “Good Neighbor” rule for ozone.  The rule requires certain upwind states to reduce their...

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Ideological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United States Supreme Court – Derek T. Muller

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Ideological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United States Supreme Court – Derek T. Muller

Download PDF Ideological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United States Supreme Court Derek T. Muller* Each term, the United States Supreme Court receives hundreds of amicus briefs filed in merits docket cases. These totals have increased over the years,[1] and these briefs have found increasing influence in front of the Court.[2] Many of the largest law firms file amicus briefs before the United States Supreme Court.[3] These amicus briefs are often pro bono, which means the clients do not pay for the firm to file the...

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Justice Thomas Reconceptualizes Civil Rights Laws, and a Recovery of the Original Meaning of the Fourteenth Amendment is Long Overdue – Frank J. Scaturro

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Justice Thomas Reconceptualizes Civil Rights Laws, and a Recovery of the Original Meaning of the Fourteenth Amendment is Long Overdue – Frank J. Scaturro

Download PDF Justice Thomas Reconceptualizes Civil Rights Laws, and a Recovery of the Original Meaning of the Fourteenth Amendment Is Long Overdue Frank J. Scaturro* The Supreme Court’s decision in Students for Fair Admissions v. President and Fellows of Harvard College[1] effectively ends race-based affirmative action in university admissions as violations of both Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The extensive commentary that has followed has largely overlooked how a detail...

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John Bates, Johns Manville, The Boyscouts of America, and Johnson & Johnson – Lawrence A. Friedman

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John Bates, Johns Manville, The Boyscouts of America, and Johnson & Johnson – Lawrence A. Friedman

Download PDF JOHN BATES, JOHNS MANVILLE, THE BOYSCOUTS OF AMERICA, AND JOHNSON & JOHNSON Lawrence A. Friedman* The convergence of two cases from half a century ago is allowing trial lawyer vultures to destroy our bankruptcy system in cases involving some of the most storied names in America. The bankruptcy system feels like it is coming apart at the seams.  There have been a litany of stories in recent years demonstrating how trial lawyers have turned the bankruptcy process upside down.[1]  And I have written before in these pages about...

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Interim Final Rules and the APA: Some Rule of Law Problems – Thomas E. Nielsen

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Interim Final Rules and the APA: Some Rule of Law Problems – Thomas E. Nielsen

Download PDF Interim Final Rules and the APA: Some Rule of Law Problems Thomas E. Nielsen* Introduction Almost a century ago in Crowell v. Benson,[1] Chief Justice Charles Evans Hughes highlighted the benefits of delegating certain classes of issues to administrative agencies for “prompt, continuous, expert, and inexpensive” resolution,[2] but cautioned that unfettered agency discretion risked “establish[ing] a government of a bureaucratic character alien to our system.”[3]  When Congress enacted the Administrative Procedure Act[4] (APA) in...

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Hon. Laurence H. Silberman Symposium: His Life and Legacy

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Hon. Laurence H. Silberman Symposium: His Life and Legacy

JLPP: Per Curiam is proud to present the Hon. Laurence H. Silberman Symposium: His Life and Legacy on October 2, 2023 – the one year anniversary of his passing.  The essays in this symposium, authored by several of Judge Silberman’s former law clerks, honor the life and career of Judge Silberman.  We hope readers of these essays can learn the valuable lessons that Judge Silberman imparted to his clerks. The essays in this symposium can be accessed at the following links: Remembering the Life and Legacy of Laurence H. Silberman...

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Judge Silberman and International Law: A Unified Approach – John Yoo

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Judge Silberman and International Law: A Unified Approach – John Yoo

Download PDF Judge Silberman and International Law: A Unified Approach John Yoo* Judge Laurence Silberman loved ideas. He loved them because he thought most of the good ones were his. The bad ideas must have been those of the other judge for whom I must have clerked. Or so we joked, the Judge and his clerk, over the years as we debated everything from racial preferences (where we had both started out in support but came to consider a mistake) to drug legalization to war powers. While we came from different ends of the earth and went to school...

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Two Lessons From Judge Silberman – David E. Nahmias

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Two Lessons From Judge Silberman – David E. Nahmias

Download PDF Two Lessons From Judge Silberman David E. Nahmias* Judge Silberman was for a year my boss and for decades thereafter my mentor and friend. Like so many of his former law clerks, I rarely made a significant decision in my professional or personal life without consulting him. He taught me many lessons, but two have been most important. First, Judge Silberman was a model of intellectual honesty. He had strong opinions on many topics (many, many topics!), but he was always interested in having those opinions challenged and tested. He...

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Judge Silberman, Party Presentation, and the Non-Court Court – Judge Eric D. Miller

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Judge Silberman, Party Presentation, and the Non-Court Court – Judge Eric D. Miller

Download PDF Judge Silberman, Party Presentation, and the Non-Court Court Eric D. Miller* Judge Laurence H. Silberman leaves an extraordinary legacy of public service and contributions to American law, marked most notably by his commitment to the idea of judicial restraint: that the proper role of a judge is limited and that a judge should respect the limitations of that role and not assume powers vested in Congress or the Executive Branch.[1] Judge Silberman summed up his commitment when he said that a judge, in every case, should begin by...

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Judge Laurence H. Silberman Symposium Essay – Viet Dinh

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Judge Laurence H. Silberman Symposium Essay – Viet Dinh

Download PDF Judge Laurence H. Silberman Symposium Essay Viet Dinh* “I wanted to be a lawyer from the time I was six years old.”[1] So was launched the career of Laurence H. Silberman, who served faithfully as a public official and, in the best sense of the word, an intellectual. His career spanned private practice, the Department of Justice, an ambassadorship, think tanks and the legal academy, and decades on the U.S. Court of Appeals for the D.C. Circuit. He served America in her hour of greatest need as Chair of the Robb-Silberman...

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