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24 May 2024, 7:49 am by John Elwood
The panel said that, “[u]sing the tools of history and tradition to which the Supreme Court directed us in [District of Columbia v.] [read post]
20 May 2024, 5:01 am by Doriane Coleman
Wednesday's post, This Crossroads Moment, highlights the central modern question for law and policy: whether to take the final step in the historical sequence from structural sexism to sex skepticism—where the Supreme Court left us in 1996 in United States v. [read post]
29 Apr 2024, 8:34 am by Philip Pillsbury
More fundamentally, Jaffee rejected the use of a balancing test for determining whether mental-health records are privileged. [read post]
14 Apr 2024, 6:00 am by Lawrence Solum
 Just to be clear: I am not using the word "authority" in that sense. [read post]
5 Apr 2024, 9:05 pm by Narintohn Luangrath
Hall notes that under the test Justice Gorsuch articulates in his Gundy v. [read post]
1 Apr 2024, 8:03 am by Eugene Volokh
From a Reply brief filed by plaintiff's counsel in Wojcik v. [read post]
27 Mar 2024, 4:00 am by Michael C. Dorf
Coleman, which seems to allow any organization that opposes any government policy to manufacture standing for itself by engaging in activities to oppose the policy (like using some of its resources to track and oppose the policy) and then claiming that the diversion of those resources is an Article III injury. [read post]
29 Jan 2024, 4:35 pm
v=BxL9DRdk6Xc   New Animation: End Hare Coursing In a world where compassion and empathy should be our guiding principles, it is disheartening to discover that some individuals derive enjoyment and profit from the suffering of innocent creatures. [read post]
8 Jan 2024, 12:53 pm by Richard Hunt
We have to start with Haven’s Realty v Coleman. [read post]