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24 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
& Pol'y Rev. 53, 66 & n.49, 98 & n.207 (1999); see also Timothy Farrar, Manual of the Constitution of the United States of America 436 (Boston, Little, Brown, & Co. 3d ed. rev. 1872) ("The general power of impeachment and trial may extend to others besides civil officers, as military or naval officers, or even persons not in office, and to other offences than those expressly requiring a judgment of removal from office . . . . [read post]
21 Feb 2024, 12:50 pm by Amy Howe
Justice Ketanji Brown Jackson told Sridharan that it was, in her view, “fairly extraordinary … to be asking the Court to decide this matter when you haven’t even” briefed, much less lost, the case in the D.C. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
There was no law requiring the Court to hear an appeal about abortion rights when it did, or, for that matter, requiring the Court to transform Dobbs from a case about the application of the Casey framework to a case where the framework itself was under threat. [read post]
21 Feb 2024, 6:16 am by Amy Howe
They argued that the system created both a “taking” of property under the Fifth Amendment, both as a general matter and as applied to them. [read post]
21 Feb 2024, 5:00 am by Bobby Stroup
Distress in Delivery When the law student looks into the matter of health care proxies, they might realize consent during incapacitation is not their only worry. [read post]
20 Feb 2024, 2:53 pm by Harbir Deol
Section 1782 discovery is commonly used in the context of private, commercial and administrative disputes, while its application to criminal matters is more limited. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
19 Feb 2024, 5:30 am by Unknown
  To explain why Dobbs was wrongly decided under any of these approaches, the critics need to defend the constitutional right to abortion as a matter of political morality, including the legitimacy of courts deciding this question, rather than legislatures. [read post]
18 Feb 2024, 10:00 am by Gene Takagi
Perhaps he was murdered more directly, but the details don’t matter: The Russian state killed him. [read post]
16 Feb 2024, 3:00 am by Jim Sedor
Gerry Brownlee said he did not agree with the blanket ban on lobbyists having swipe card access and some discretion was needed. [read post]
14 Feb 2024, 12:26 pm by Eugene Volokh
For instance, some statutes and rules concern a completely different legal matter than what Appellant purports, while others misstate the substance of the law. [read post]
14 Feb 2024, 7:15 am by Kaufman Dolowich
Catherine Casavant (Hackensack, N.J.) counsels and defends clients on insurance coverage matters involving directors and officers, errors and omissions and professional liability policies. [read post]
14 Feb 2024, 6:05 am by Steven Schwartzapfel
In the world of courtrooms, first impressions matter, and a significant part of that impression comes from how you’re dressed. [read post]
12 Feb 2024, 3:44 pm by Michael Lowe
There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants. [read post]
12 Feb 2024, 6:41 am by David Oscar Markus
  From Politico:The special counsel investigating President Joe Biden’s handling of classified documents has concluded that no criminal charges are warranted in the matter and said they wouldn’t be even if the Department of Justice didn’t have a policy barring the prosecution of sitting presidents.That conclusion was revealed in a 345-page report that the Justice Department released on Thursday.But while the report withheld condemnation of Biden on legal grounds, it… [read post]
12 Feb 2024, 4:00 am by Eric Segall
 No matter how the Court reverses the Colorado Supreme Court, Trump, Fox, and the Right will incorrectly say Trump was exonerated. [read post]
12 Feb 2024, 4:00 am by Howard Friedman
Journal of Labor & Employment Law 1-24 (2023).Kenji Yoshino, Rights of First Refusal, 137 Harvard Law Review 244-289 (2023).Ronna Greff Schneider, School Matters, 92 University of Cincinnati Law Review 1-11 (2023).Erwin Chemerinsky, Education, the First Amendment, and the Constitution, 92 University of Cincinnati Law Review 12-30 (2023).Recent and Forthcoming Books:John Witte, Jr. [read post]