Tag Archives: Judge Douglas H. Ginsburg

Hayden & Bodie on Business Roundtable v. SEC

Grant M. Hayden (Hofstra University, Maurice A. Deane School of Law) and Matthew T. Bodie (Saint Louis University School of Law) have posted The Bizarre Law & Economics of ‘Business Roundtable v. SEC, 38 J. Corp. L. (forthcoming 2012), on SSRN. Continue reading

Advocates, Beware Selectively Quoting Your Opponent

Judge Ginsburg’s opinion upholding the EPA’s new national ambient air quality standard (NAAQS) for nitrogen dioxide [pdf] sounds a warning note about the dangers of leaving out key words from a quotation:   Continue reading

Kerr on the Mosaic Theory of the Fourth Amendment

Orin S. Kerr (George Washington University Law School) has posted The Mosaic Theory of the Fourth Amendment, 110 Mich. L. Rev. (forthcoming 2012), on SSRN. Continue reading

Ginsburg and Wright on Dynamic versus Static Competition Models in Antitrust Analysis

Judge Douglas H. Ginsburg (D.C. Circuit, New York University Law School) and Joshua D. Wright (George Mason University School of Law) have posted Dynamic Analysis and the Limits of Antitrust Institutions, 78 Antitrust L.J. 1 (2012), on SSRN.  Here is the abstract:  Continue reading

Lund on the Post-Heller Shootout Over Standards of Review

Nelson Lund (George Mason University School of Law) has published No Conservative Consensus Yet: Douglas Ginsburg, Brett Kavanaugh, and Diane Sykes on the Second Amendment, in the Federalist Society’s Engage [pdf].  The paper is an abbreviated version of Second Amendment Standards of Review in a Heller World, Lund’s forthcoming article in the Fordham Law Review. Continue reading

D.C. Circuit Could Split Three Ways on Material Support for Terrorism Conviction

Today the D.C. Circuit heard oral argument in a challenge to Salim Ahmed Hamdan’s conviction for material support for terrorism–a crime that Congress recognized after Hamdan committed the acts for which he was convicted but which the Government says is derived from “the domestic common law of war.” Continue reading

Supreme Court: No Liability for Organizations Under Torture Victims Protection Act

Today the Supreme Court unanimously affirmed Judge Ginsburg’s holding that the Torture Victim Protection Act (“TVPA”) does not permit suits against organizations.   Continue reading

Judge Ginsburg on the Path of Administrative Law

The latest issue of the Georgetown Journal of Law & Public Policy contains a speech that Judge Ginsburg delivered in 2011 on the work of the D.C. Circuit.
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D.C. Circuit Revives Excessive Force Case Against D.C. Cops

Days before five Supreme Court justices vindicated his “mosaic” theory of Fourth Amendment search by GPS in United States v. Jones [PDF], Judge Ginsburg issued another Fourth Amendment opinion that may be just as unpopular with the Metropolitan Police Department. Continue reading

D.C. Circuit Upholds Semi-Automatic Rifle Ban Under Intermediate Scrutiny

Earlier this month, a divided panel of the D.C. Circuit upheld the District of Columbia’s ban on semi-automatic rifles and large-capacity magazines and the District’s gun registration requirement as applied to handguns. Continue reading