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24 May 2024, 6:51 pm by Christine Kexel Chabot
 While Justice Jackson’s concerns about courts finding “unstated limits in the Constitution’s text” and “undercut[ing] considered judgements of a coordinate branch” (id. at 3) were easy for the majority to avoid here, they will be important in future cases. [read post]
20 May 2024, 8:06 am by Guest Author
 While Justice Jackson’s concerns about courts finding “unstated limits in the Constitution’s text” and “undercut[ing] considered judgements of a coordinate branch” (id. at 3) were easy for the majority to avoid here, they will be important in future cases. [read post]
14 May 2024, 10:15 pm by Ryan Goodman
A part of former President Donald Trump’s effort to overturn the 2020 presidential election involved an effort to misuse the Electoral College in seven battleground states. [read post]
9 May 2024, 10:32 am by Eugene Volokh
Duarte, written by Judge Carlos Bea and joined by Judge Lawrence VanDyke, concludes that the Second Amendment protects some felons (at least after the end of their criminal sentences). [read post]
27 Feb 2024, 10:30 am by Eugene Volokh
And these are just the possibly sympathetic figures: For others, see the Bible's account of Judas, or any book noting the deaths of Hitler, Himmler, Goe­r­ing, or Goebbels. [read post]
27 Feb 2024, 12:07 am by Josh Richman
CINDY COHNWe approach a lot of our conversations on the podcast using Lawrence Lessig’s framework of laws, norms, architecture and markets – and Audrey’s work as the Minister of Digital Affairs for Taiwan combines almost all of those pillars. [read post]
22 Dec 2023, 4:37 am by SHG
Some of her predecessors, like Lawrence Bacow, Drew Gilpin Faust and Lawrence Summers, have had vastly more voluminous academic records. [read post]
19 Oct 2023, 11:11 am by Neil H. Buchanan
"  The conversation is substantive, with various commentators bringing the government to task for, for example, "propp[ing] up Hamas. [read post]
1 Sep 2023, 4:00 am by Jim Sedor
National/Federal A Lawmaker Hid One Key Fact as He Fought Checks on Gun Shops DNyuz – Glen Thrush (New York Times) | Published: 8/25/2023 Rep. [read post]
25 Jun 2023, 5:55 pm by Aaron Moss
But here we are, and to quote our current president, “This is a Big F–ing Deal. [read post]
17 May 2023, 3:49 am by Andrew Lavoott Bluestone
An evidence-based motion to dismiss under CPLR 3211 (a) (7) also injects needless uncertainty and delay into the motion{**77 Misc 3d at 366} practice,[FN1] and may allow litigants to evade the proscription [*5]against successive summary judgment motions (see Amill v Lawrence Ruben Co., Inc., 117 AD3d 433, 433 [1st Dept 2014]; see also CPLR 3211 [e] [“no more than one (3211) motion shall be permitted”]). [read post]
8 May 2023, 9:00 pm by Joanna L. Grossman and Natalie Nanasi
One need not scroll too far down any news or social media feed these days to find a conservative diatribe against no-fault divorce. [read post]
14 Apr 2023, 5:01 am by Eugene Volokh
Faulkner, decided Tuesday by the Court of Appeals of Mississippi, in an opinion by Chief Justice Donna Barnes, joined by Judges Jim Greenlee, Anthony Lawrence, Joel Smith, and John Emfinger (expurgations in original): Judy Faulkner sued Dr. [read post]
21 Dec 2022, 6:00 am by Unknown
In a recent post on this blog, Lawrence Solum praises Justice Ketanji Brown Jackson for “understand[ing] the dangers that judicial supremacy and living constitutionalism pose to democracy and equality—given the reality that conservative justices will dominate the Supreme Court for at least a decade or two. [read post]
31 Jul 2022, 6:30 am by Guest Blogger
Finding free exercise violations more readily than did its predecessors, the Roberts Court elides the belief/practice distinction dating back to Reynolds.9Requiring closely-held for-profit corporations to provide no-cost contraceptives to female employees under the Affordable Care Act places a high burden on the owners’ free exercise, in violation of the Religious Freedom Restoration Act.[9]The City of Philadelphia violates the free exercise clause by denying Catholic Social Services a… [read post]
6 Jul 2022, 2:15 pm by Eugene Volokh
Rev. 1357, 1392 n.158 (2017); see Lawrence Friedman, The New Hampshire State Constitut [read post]
26 May 2022, 10:49 am by Jonathan H. Adler
  Many warn that reinvigorating the test imperils the rights to contracept (Griswold and Eisenstadt), enter interracial marriages (Loving), pursue same-sex relationships (Lawrence), and have them recognized as marriages (Obergefell). [read post]