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13 Jan 2023, 6:30 am
So is David Strauss’s theory of common law constitutional adjudication. [read post]
12 Jan 2023, 9:05 pm
In a forthcoming article in the Emory Law Journal, David A. [read post]
9 Jan 2023, 5:33 pm
Many thanks to Cato Research Fellow Thomas Berry, and colleagues Nicholas DeBenedetto and David Meyer-Lindenberg, for their help thinking through these issues [read post]
31 Dec 2022, 1:00 am
This summary also includes CDM Decisions and Safeguarding, Privy Council Business, and CFCE Determinations, as well as links to other posts relating to ecclesiastical law. [read post]
30 Dec 2022, 5:01 am
And although it may be cliche to say so, the answer from us at Lawfare is . . . well, a lot. [read post]
29 Dec 2022, 9:05 pm
Justice Clarence Thomas, however, argued in his concurrence that the Court should reconsider longstanding substantive due process rulings, including Griswold v. [read post]
28 Dec 2022, 7:42 am
Thomas Le Bonniec was born in Paris, France. [read post]
23 Dec 2022, 3:00 am
Leaders of the Justice Department were proceeding cautiously as well, agreeing with the FBI on these points even as tensions sometimes flared between agents and prosecutors. [read post]
22 Dec 2022, 3:10 pm
Brimmer, decided today by the Iowa Supreme Court, the majority (Justices Dana Oxley, joined by Justices Christopher McDonald, Matthew McDermott, and David May) concluded that defendant's public trial rights were violated by the complete closure of his trial, including the exclusion of his family (here, just his mother): [T]he pandemic is an overriding interest that supports the court's decision to limit the public's access to Brimmer's trial [in April 2021]. [read post]
22 Dec 2022, 4:31 am
” Ken Thomas and Andrew Restuccia report for the Wall Street Journal. [read post]
20 Dec 2022, 4:25 am
David Shepardson reports for Reuters. [read post]
19 Dec 2022, 4:00 am
Speaking of originalism, as I recently wrote on this blog, Bruen may well be the most anti-originalist opinion in American history:Justice Thomas said that the only legitimate methods of constitutional interpretation for judges to use are text and history and that courts should not balance public policy concerns against the weight of asserted rights. [read post]
13 Dec 2022, 9:01 pm
It reflects the principle of comity, or respect for sister states, as well as the practical need for certainty and [read post]
9 Dec 2022, 6:00 am
Four were found not guilty and released –Thomas Nichols, Rowland Sharp, John or Jonathan Clarke, and Thomas Gerrard. [read post]
9 Dec 2022, 3:00 am
Capitol attack case as well as the criminal probe of Trump’s possible mishandling of classified documents at his Florida home. [read post]
8 Dec 2022, 8:56 am
You have otherwise a very categorical case, and it’s sort of of, well, with this one exception. [read post]
8 Dec 2022, 4:00 am
After all, there were rotten boroughs in England well into the 19th century.Verrilli's response? [read post]
7 Dec 2022, 8:57 pm
” The claim in the case was incurred through the fraud of David Bartenwerfer; Kate Bartenwerfer, who did not herself commit fraud, is nevertheless liable for that fraud because David was acting as her partner (in selling the house that they owned jointly). [read post]
6 Dec 2022, 9:01 pm
Thus, except for a short exchange between Justice Clarence Thomas and Colorado Solicitor General Eric Olson, the argument paid no attention to original meaning.One might therefore think that a hyper-conservative Court that has, in recent cases involving abortion, gun control, and church-state separation, made history the sine qua non of constitutional rights, would also reject 303 Creative owner Lorie Smith’s free speech claim. [read post]
3 Dec 2022, 12:01 am
” Portrait of George Wythe by David Silvette (1979). [read post]
