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The Constitution Says Nothing About Behavioral Economics

Timothy Courtney January 10, 2017
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Federalist Society member Todd Zywicki is in the Wall Street Journal:

Behavioral economics has taken the academy by storm over the past two decades. The Obama administration has even looked to the discipline—which posits that psychological biases frequently lead consumers to make bad economic decisions—to shape government policy. But is behavioral economics relevant to interpreting the Constitution? That’s the novel claim raised by Expressions Hair Design v. Schneiderman, which the Supreme Court will hear Tuesday.

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SCOTUS Cert update

Timothy Courtney December 15, 2016
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The Supreme Court granted cert in four new cases yesterday.

(1 & 2) Turner v. United States and Overton v. United States (consolidated): Whether the petitioners’ convictions must be set aside under Brady v. Maryland, 373 U. S. 83 (1963)

(3) Lee v. United States:  Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding strong evidence of guilt when the plea would result in mandatory and permanent deportation.

(4) TC Heartland v. Kraft Food Brands Group: Whether the patent venue statute, 28 U.S.C. § 1400(b), which provides that patent infringement actions “may be brought in the judicial district where the defendant resides[,]” is the sole and exclusive provision governing venue in patent infringement actions and is not to be supplemented by the statute governing “[v]enue generally,” 28 U.S.C. § 1391, which has long contained a subsection (c) that, where applicable, deems a corporate entity to reside in multiple judicial districts.

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Supreme Court Justice Antonin Scalia

Justice Scalia's Influence On Display in Apple v. Samsung decision

Joshua Wolson December 07, 2016
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Most discussions about the Supreme Court’s 8-0 decision in Samsung Electronics, Ltd. v. Apple Inc. have focused and will continue to focus on the decision’s implications for patent law and innovation. The decision also highlights the impact that Justice Scalia has had on the Supreme Court specifically and on legal thinking more generally. Indeed, although the decision in the case does not mention Justice Scalia, its analysis is, in many ways, a tribute to him.  [Read More]