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26 Sep 2021, 1:08 pm by Josh Blackman
(Again, Kavanaugh apparently is irrelevant): It remains to be seen whether today's young conservative legal intellectuals, who will be the ultimate king or queen makers, prefer Gorsuch's boldness and open ambition or Barrett's more lawyerly command of what has become a generation-old conservative legal tradition. [read post]
4 Aug 2021, 7:54 am by Steve Lubet
In a recent post on The Volokh Conspiracy, Josh Blackman explained “How I Approach Unpopular and Unconventional Legal Views. [read post]
29 Jun 2021, 12:08 pm by Matt Murphy
On June 29, 2016, Josh Brown was killed when his Tesla vehicle operating in autopilot collided with a white truck in Williston, Florida.[3] This was the first U.S. death involving a vehicle operating with autonomous features engaged. [read post]
18 May 2021, 12:44 pm by Josh Blackman
IRS was only the second majority opinion to cite NFIB, after King v. [read post]
26 Mar 2021, 10:07 pm by Josh Blackman
King had it right: Choose people based on who they are—not what they look like. [read post]
26 Mar 2021, 6:02 am by Josh Blackman
Dworkin, 601 F. 3d 693, 708–709 (CA7 2010)(collecting cases); see also Burger King, 471 U. [read post]
25 Mar 2021, 7:22 am by William Ford, Rohini Kurup
Over the past two months, Congress has convened a series of hearings on the failures that enabled the Jan. 6 assault on the Capitol. [read post]
26 Feb 2021, 3:00 am by Jim Sedor
Judges Order 2-Month Delay in Case to Compel McGahn Testimony to House Politico – Josh Gerstein and Kyle Cheney | Published: 2/18/2021 The House’s effort to compel testimony from former Trump White House counsel Don McGahn will be delayed two months, a federal appeals court ordered, adopting a proposal by the Biden administration. [read post]
7 Feb 2021, 1:01 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] On Thursday, February 4, 2021, we discussed the First Amendment arguments in the House of Representatives' Managers' trial memorandum. [read post]
25 Jan 2021, 9:20 pm by Josh Blackman
NBC News: Both lawsuits involved the Constitution's emoluments clauses, which forbid the president from receiving "any present, emolument, office or title of any kind whatever from any king, prince, or foreign state" or any state in the U.S. [read post]
21 Jan 2021, 8:30 pm by Jim Sedor
Lawmakers Who Conspired with Capitol Attackers in Legal Peril Politico – Josh Gerstein | Published: 1/14/2021 Lawmakers who interacted with the pro-Trump protesters who rioted at the Capitol on January 6 could face criminal charges and will almost certainly come under scrutiny in the burgeoning federal investigation into the assault, former prosecutors said. [read post]
12 Jan 2021, 6:16 am by Dennis Crouch
Josh Hawley grabs hold of this rhetoric in his new book – Tyranny of Big Tech. [read post]
11 Jan 2021, 8:19 am by Kevin Kaufman
A stamp duty was introduced in England in 1694 as a measure to raise revenue for the king’s wars, and this tax is still levied today. [read post]