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This post was prepared for a roundtable on Federation and Secession, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]

Balkinization - http://balkin.blogspot.com/

Social Distance, Social Reproduction, and Dismantling “Latino Anti-Black Bias”: A Comment on Tanya Katerí Hernández, Racial Innocence

15 Dec 2022, 6:30 am by Guest Blogger

McClain is Robert Kent Professor Of Law at Boston University School of Law. [read post]

Balkinization - http://balkin.blogspot.com/

The Absolute Clarity of International Legal Practice’s Rejection of Immunity Before International Criminal Courts

8 Dec 2022, 6:06 am by Chile Eboe-Osuji

(See Robert H Jackson, “The Rule of Law among Nations” (1945) 39 Am. [read post]

Just Security - https://www.justsecurity.org/

The Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants

15 Nov 2022, 5:56 am by Jonathan Hafetz

As Justice Robert H. [read post]

Just Security - https://www.justsecurity.org/

The Major Questions Doctrine Reading List, by Beau J. Baumann

7 Nov 2022, 7:19 am by Guest Author

Burwell that the MQD is serving as a kind of jurisdictional tool that’s meant to keep agencies from exceeding their zone of expertise, à la Chief Justice Roberts’s dissent in City of Arlington).The Pro-MQD Literature Historically, the MQD literature has been one-sided. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

In habeas case, the liberal justices try to untangle a complex statute

2 Nov 2022, 5:48 pm by Noam Biale

” Ortiz endorsed Jackson’s approach to reading the statute in this holistic, structural way. [read post]

SCOTUSblog - http://www.scotusblog.com/

[Jonathan H. Adler] Justice Jackson Sets Record for New Justice in October Arguments

16 Oct 2022, 5:17 pm by Jonathan H. Adler

Roberts Jr. and Justice Elena Kagan, who had joined the court after representing the government there as its chief lawyer. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Justices debate whether Warhol image is “fair use” of photograph of Prince

14 Oct 2022, 6:50 pm by Ronald Mann

Roberts seemed particularly interested in that point. [read post]

SCOTUSblog - http://www.scotusblog.com/

[Eugene Volokh] U.C. Berkeley School of Law Faculty Statement in Support of Jewish Law Students

10 Oct 2022, 1:00 pm by Eugene Volokh

Bamberger, The Rosalinde and Arthur Gilbert Foundation Professor of Law Daniel Farber, Sho Sato Professor of Law Elisabeth Semel, Chancellor's Clinical Professor of Law Richard Buxbaum, Jackson H. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Supreme Illegitimacy

9 Oct 2022, 9:04 pm by Eric W. Orts

Jackson Women’s Health Organization, and West Virginia v. [read post]

RegBlog - https://www.theregreview.org/

[Josh Blackman] Today in Supreme Court History: October 9, 1954

9 Oct 2022, 4:00 am by Josh Blackman

Justice Robert H. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Jonathan H. Adler] The Sackett Oral Argument and the Problem of Defining "Waters of the United States"

4 Oct 2022, 3:02 pm by Jonathan H. Adler

Justice Ketanji Brown Jackson did not sound anything like a rookie justice. [read post]