Jonathan R Nash

July 15, 2024 | Daily Report Online

The court's cursory disparagement of cases "decided ... by a bare quorum" fails to explain why a case generating a six-justice majority should be more suspect than cases decided by majorities consisting of less than a majority of the court's complement.

By Jonathan R. Nash

5 minute read

February 12, 2024 | Daily Report Online

The justices clearly understood that the resolution of the Colorado litigation would affect not only the ability of that state's voters to cast votes for Trump but also that it would dictate the ability of any state to decide whether any candidate could appear on that state's ballot.

By Jonathan R. Nash

5 minute read

November 12, 2012 | New Jersey Law Journal

The Fifth Circuit's reversal on the issue of the Army Corps' Katrina-related liability undermines confidence in courts.

By Jonathan R. Nash

4 minute read

November 12, 2012 | National Law Journal

Panel's complete reversal on the issue of the Army Corps' Katrina-related liability undermines confidence in courts.

By Jonathan R. Nash

5 minute read

November 19, 2012 | Daily Business Review

When a court initially issues a unanimous decision in favor of one litigant but later renders a unanimous decision for the other litigant, the court undermines its own legitimacy, writes Emory University School of Law professor Jonathan R. Nash.

By Jonathan R. Nash

5 minute read

July 12, 2010 | National Law Journal

The appellate court has concluded that the absence of a quorum dictates that the judgment of a single judge — the trial judge — will control, notwithstanding that a panel of three appellate judges voted to reverse him.

By Jonathan R. Nash

6 minute read

May 31, 2010 | National Law Journal

In the financial reform bill, judicial review of the treasury secretary's termination of a financial company must be robust.

By Jonathan R. Nash and Rafael I. Pardo

6 minute read