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11 Jul 2012, 9:57 pm by Rick Hasen
In the same Term that the Court avoided the constitutional question in NAMUDNO, it used the same avoidance canon to narrowly construe a different provision of the Voting Rights Act in Bartlett v Strickland, and it applied constitutional avoidance (in deed if not in name) to narrowly construe Title VII of the 1964 Civil Rights Act in Ricci v DeStefano, the controversial New Haven firefighters case. [read post]
18 Apr 2010, 8:59 am by Tom Goldstein
Supreme Court retirements inevitably produce much more coverage of process than substance. [read post]