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31 Oct 2018, 8:00 am
If what I have argued in my book is correct, then I would think these originalists would either have to explain why their particular understanding of constitutional text and fixity automatically inhered in the Constitution from the start (regardless of what practices or assumptions initially surrounded it) or they would have to offer a new set of justifications explaining why the Constitution today should be treated as a particular kind of object with a particular set of attributes even if, in fact,… [read post]
15 Oct 2018, 8:00 am
For the Symposium on Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press, 2018).Jonathan Gienapp's new book, The Second Creation, retells the story of the first decade of the U.S. [read post]
4 Oct 2018, 6:31 am
” Justice Stephen Breyer asked Francisco why Williamson County should be disturbed at all. [read post]
19 Sep 2018, 5:27 pm
“Interstate Sovereign Immunity and Why the Supreme Court Should Leave It Alone Right Now; My amicus brief with Stephen Sachs in Franchise Tax Board v. [read post]
18 Sep 2018, 2:35 pm
My amicus brief with Stephen Sachs in Franchise Tax Board v. [read post]
10 Sep 2018, 5:56 pm
” Third, Will Baude and Stephen Sachs’s positivist defenses of originalism rely at times on historical claims about what courts do. [read post]
22 Aug 2018, 1:18 pm
Distinguished commentators for 2019 include: Jessica Bulman-Pozen John Harrison Aziz Huq Gillian Metzger Victoria Nourse Bertrall Ross Stephen Sachs All constitutional law scholars are invited to attend. [read post]
22 Aug 2018, 12:40 pm
Distinguished commentators for 2019 include: Jessica Bulman-Pozen John Harrison Aziz Huq Gillian Metzger Victoria Nourse Bertrall Ross Stephen Sachs All constitutional law scholars are invited to attend. [read post]
15 Aug 2018, 2:59 pm
Below the fold are the results of the 2018-2019 Law Professor Twitter Census. [read post]
13 Aug 2018, 10:46 pm
And in a related development, law professor Stephen E. [read post]
2 Jul 2018, 2:59 am
Hebei Welcome Pharmaceuticals: Court considered question of deference allowable to foreign law and we didn’t have a culture war about it [Amy Howe, SCOTUSBlog; Cassandra Burke Robertson and Stephen Sachs, Prawfs] Tags: antitrust, Cato Institute, Supreme Court, taxes Supreme Court roundup is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
27 Jun 2018, 4:20 am
” At PrawfsBlawg, Steven Sachs suggests that “one understated result of [the] travel-ban decision may be to hasten the demise of the universal injunction. [read post]
26 Jun 2018, 5:58 pm
(Exceptions are posts by Stephen Sachs and Howard Wasserman.) [read post]
29 May 2018, 7:33 am
Guests this year are Will Baude (Chicago), Daniel Epps (Wash U. and the First Mondays Podcast), Charlotte Garden (Seattle), Erica Goldberg (Dayton), Leah Litman (UC-Irvine), Andra Robertson (Case-Western) Stephen Sachs (Duke), Ian Samuel (Climenko headed to Indiana-Bloomington and the First Mondays Podcast), and Andrew Siegel (Seattle). [read post]
6 May 2018, 8:35 pm
By Lisa Milam-Perez, J.D. [read post]
4 May 2018, 9:30 pm
Ceresney, Stephen Cutler, Robert Khuzami, Gary Lynch, William McLucas, Stanley Sporkin, Linda Thomsen, and Richard Walker. [read post]
24 Apr 2018, 7:56 am
Wuerth notes that in the 2015 case of Sachs v. [read post]
6 Apr 2018, 6:29 am
When the SEC brought charges against Goldman Sachs, there was a congressional investigation into whether the SEC did so just to get the Dodd-Frank Act passed, he remarked. [read post]
1 Apr 2018, 10:40 am
“Brooding Omnipresence”: Law professor Stephen E. [read post]
27 Nov 2017, 4:03 am
” In an op-ed for The Washington Post, Stephen Sachs urges the court to “develop a modern Fourth Amendment doctrine … [that] would recognize the legitimate claims of law enforcement but set objective boundaries — such as the duration of an intrusion or the nature of the data seized — that constrain those claims. [read post]
