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  Judge Cory’s recommendations led to public inquiries into the deaths of Rosemary Nelson, Billy Wright and Robert Hamill.) [read post]
7 Mar 2019, 9:01 pm by Vikram David Amar
” (In an earlier ruling in the Fisher litigation, the Court had vacated the Court of Appeals’ decision because the lower court had required merely that the university’s use of race be in “good faith” and had not applied the proper narrow tailoring standard.)It is not obvious that deference to a university on the educational goals it is pursuing in considering applicants for admission (the issue in Grutter and Fisher) would unproblematically carry over to a… [read post]
26 Feb 2019, 12:58 pm by MBettman
At Oral Argument Arguing Counsel J.Philip Calabrese, Porter Wright Morris & Arthur LLP, Columbus, for Appellant Huntington Bank Ronald R. [read post]
21 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
In our last column, we explored some threshold justiciability issues (focusing on the plaintiff’s standing to sue in federal court) in the recent federal lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR), challenging HLR’s use of race and gender in selecting members and also in selecting authors for publication. [read post]
20 Feb 2019, 10:32 am by admin
President Andrew Johnson and his allies hoped to carry out a swift reconstruction, requiring only that southern states ratify the Thirteenth Amendment abolishing slavery, repudiate all war debts, and void ordinances of succession.17 The Radical Republicans, led by the “Dictator of Congress,” Rep. [read post]
19 Feb 2019, 9:01 pm by Vikram David Amar
Public universities all over the country are grappling with the challenges that arise when members of the university community (especially so-called Registered Student Organizations or RSOs) invite contentious speakers to campus for events that threaten to generate tremendous passion on all sides of controversial issues, and that carry with them the realistic prospect of violence. [read post]
11 Feb 2019, 5:00 am by Lev Sugarman
Other speakers include Carnegie expert Salman Ahmed and Thomas Wright of Brookings. [read post]
4 Feb 2019, 6:00 am by Lev Sugarman
Allen and conversation with Thomas Wright. [read post]
24 Jan 2019, 9:01 pm by Vikram David Amar
In rejecting a claim by a state that such federal intrusion constitutes unconstitutional commandeering of state governmental processes, the Second Circuit reasoned that although the federal government may not compel states and localities to carry out federal programs, it may prohibit them from restricting state and local officials from “voluntarily” exchanging information with federal authorities.The Second Circuit’s logic suffers from the same problems that plague Judge… [read post]
13 Jan 2019, 6:16 am by Jack Goldsmith
Curtiss-Wright Export Corp., that it is the president himself, not the executive branch, who possesses “the very delicate, plenary and exclusive power … as the sole organ of the federal government in the field of international relations—a power which does not require as a basis for its exercise an act of Congress. [read post]
5 Dec 2018, 11:52 am by Mayank Varia
The current practice of intelligence agencies adding covert backdoors into system deployed world wide is hugely risky and carries with it a significant potential for collateral damage, since criminals or adversarial states can misuse the backdoors. [read post]
5 Nov 2018, 9:00 am by Derek Funk
Provocation tests are often used to rule our other causes of symptoms, and include the Roos Stress Test (also known as the elevated arm stress test), Adsons Test, Wright Test, and Eden Test. [read post]
29 Oct 2018, 10:49 am by Anushka Limaye
Evan Osnos will moderate, Evan Medeiros and Thomas Wright will argue in the affirmative, and David M. [read post]
18 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
So even assuming (a big assumption) that Grutter would remain good law with the recent membership changes at the Court, there is little reason to believe the Court’s somewhat generous attitude towards higher education affirmative action will carry over to legislatively prescribed use of race or gender in the purely economic realm, particularly if (as is certainly possible) corporations themselves bring challenges to the California requirement, taking issue with California’s… [read post]
2 Oct 2018, 10:47 am by Nele Achten
Is the state allowed to carry out a preemptive cyber attack? [read post]
19 Sep 2018, 1:01 am by rhapsodyinbooks
One of Sheridan’s subordinate officers, Horatio Wright, decided to bring the entire wagon train with him on their opening attack. [read post]