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29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
But we think the relevant perspective should be ex ante, not ex post, even as ex post data in a given scenario might in some small way be probative of ex ante risk A student should not escape punishment simply because disruption does not take place even though it was likely to occur; the school need not wait until actual disruption arises, and should be free to prevent disruption from occurring in the first place. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
  The key to navigating this distinction is not “whether making official announcements could fit within the job description; but whether making official announcements is actually part of the job that the State entrusted the official to do. [read post]
12 Apr 2024, 4:00 am by Jim Sedor
National/Federal Woman Sentenced to Month in Prison Over Theft of Ashley Biden’s Diary DNyuz – Adam Goldman (New York Times) | Published: 4/9/2024 A federal judge sentenced Aimee Harris to a month in prison for her role in a brazen scheme to steal the diary of President Biden’s daughter and sell it to a right-wing group in the hope of disrupting the 2020 election. [read post]
11 Apr 2024, 3:30 pm by Yosi Yahoudai
Cochran, Jr., Simpson’s lead attorney, died of brain cancer in 2005 at 68. [read post]
11 Apr 2024, 11:43 am by Yosi Yahoudai
Cochran Jr. told the jurors, “If it doesn’t fit, you must acquit. [read post]
2 Apr 2024, 10:56 am by Adam Klasfeld
  Using the same reasoning, Justice Engoron also forced Eric Trump and Donald Trump Jr. to give up their cut of the sale: $4,013,024, apiece. [read post]
27 Mar 2024, 5:53 am by Norman L. Eisen
Like prior publications in our multi-part Just Security series on the Manhattan case, we will periodically refresh this report. [read post]
9 Mar 2024, 6:30 am by Guest Blogger
  An older form of conservatism that no longer speaks its quiet parts out loud – at least not in court. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
  Instead, as I (and many others) predicted after the oral argument, the Court used the Anderson line of cases as only one part of a newfangled federalism-based constraint on the ability of states to “enforce” Section 3 of the Fourteenth Amendment with respect to federal offices. [read post]
23 Feb 2024, 3:00 am by Jim Sedor
National/Federal The Quiet Way Democrats Hope to Expand Their Power at the State Level DNyuz – Nick Corasaniti (New York Times) | Published: 2/20/2024 Locked out of power on the U.S. [read post]
19 Feb 2024, 8:57 am by John Mikhail
<by the constitution>”); the Wilson/Rutledge draft for the Committee of Detail (“and appoint (Officers in all Cases) . . . not otherwise provided for by this Constitution”); the draft constitution finally approved by the Committee of Detail and circulated to the delegates on August 6 (“and shall appoint officers in all cases not otherwise provided for by this Constitution”); and, perhaps most significantly, the September 4 report of the Committee on Postponed… [read post]
16 Feb 2024, 12:34 pm by Adam Klasfeld
” By retracting this more controversial part of his earlier order, Justice Engoron may have also helped insulate his decision from the possibility of a reversal on appeal. [read post]
16 Feb 2024, 3:00 am by Jim Sedor
The Mystery Behind $10 Million of ‘Bridge Funding’ Supporting RFK Jr. [read post]