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The Constitution of the War on Black People

9 May 2024, 11:30 am by Guest Blogger

Wade, Griswold v. [read post]

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

Judicial Chaos is a Symptom. (Mostly) Asymmetrical Polarization is the Disease

20 Mar 2024, 9:01 pm by Michael C. Dorf

Texas v. [read post]

Verdict - http://verdict.justia.com/

Judicial Review, the Supreme Court, and a Possible Constitutional Apocalypse

12 Mar 2024, 4:00 am by Eric Segall

Dred Scott, The Civil Rights Cases, Lochner, Reynolds v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

In the Shadow of Oliver Wendell Holmes

13 Feb 2024, 6:30 am by Guest Blogger

Several men, including Alexander Bickel, died before completing their commissions. [read post]

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

[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern

4 Feb 2024, 1:01 pm by Josh Blackman

II, § 2, cl. 2, and then citing Federalist No. 72 (Alexander Hamilton))). [read post]

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

The Call of History: It is Time for the Court to Speak as One in Overturning the Colorado Opinion

21 Dec 2023, 6:00 am by jonathanturley

It must at times defy us in rejecting racism as cases such as Brown v. [read post]

Jonathan Turley - https://jonathanturley.org/

The SCOTUS Amicus Brief Mike Johnson Spearheaded in the 2020 Post-Election Litigation

30 Oct 2023, 4:00 am by Michael C. Dorf

See Leser v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Legal Theory Lexicon: Rules, Standards, Principles, Catalogs, and Discretion

25 Jun 2023, 6:00 am by Lawrence Solum

This sense of principle is illustrated by Ronald Dworkin's example of the principle that no one should be allowed to profit from their own wrong, drawn from the case of Riggs v. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

SEC Chair Testifies Before U.S. House Committee on Financial Services

23 Apr 2023, 9:01 pm by renholding

Good morning, Chairman McHenry, Ranking Member Waters, and members of the Committee. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

What Israel’s Judicial Crisis Can Teach Us About Our Own

11 Apr 2023, 5:55 am by Michael Dreeben

Israel is going through a constitutional crisis. [read post]

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

Is the U.S., as Biden said in his SOTU, "the only nation in the world built on an idea?"

10 Feb 2023, 4:30 am by Michael C. Dorf

Here's Justice Kennedy concurring in U.S. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Ohio Justices Obviously Do Not Have an Electrical Engineering Degree When They Rule Software Cannot Have a Physical Presence

28 Dec 2022, 11:19 am by Chip Merlin

Kennedy ______________________________________________1EMOI Services v. [read post]

Property Insurance Coverage Law Blog - http://www.propertyinsurancecoveragelaw.com/

Navigating the waters of the new term

3 Oct 2022, 6:53 pm by Mark Walsh

There are frequent mentions of Kennedy’s concurring opinion in a relevant case, Rapanos v. [read post]

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

Saving the Constitution or Saving America: Are they Identical Projects?

13 Sep 2022, 6:30 am by Guest Blogger

Anyone reading Federalist 1 might be forgiven for thinking that it was written by Thomas Jefferson (and not Alexander Hamilton) inasmuch as it is suffused with a faith in “the people” and their capacity for disciplined “reflection” and then wise “choice. [read post]

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

NAB v. FCC: And Now A Message From Our Sponsors: Part II

21 Aug 2022, 5:06 am by Bernard Bell

In National Assn of Broadcasters v. [read post]

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

Adrian Vermeule's's rejection of "modern" constitutional theory

10 Jul 2022, 6:30 am by Sandy Levinson

Bickel trusted the Court to discern our deepest “fundamental values,” such as a commitment to racial justice that required the invalidation of segregation in Brown v. [read post]

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

The Most Dangerous Branch: A Review of the Supreme Court’s 2021-2022 Term

8 Jul 2022, 7:09 am by The Petrie-Flom Center Staff

Makin, the Court struck down a Maine law prohibiting the use of public funds to subsidize religious schools, and in Kennedy v. [read post]

Bill of Health - https://blog.petrieflom.law.harvard.edu/

[Josh Blackman] The Kavanaugh Concurrence Is The New Kennedy Concurrence

28 Jun 2022, 10:04 am by Josh Blackman

I write separately to underscore what remains (and does not remain) of Alexander v. [read post]

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

What a Difference 17 Years Made

28 Jun 2022, 6:23 am by Jennifer Davis

Bowers v. [read post]