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12 Feb 2021, 11:53 am by Philip Bobbitt
” And if he’s not a civil officer in the first place, well then you don’t need to bother removing him. [read post]
3 Feb 2021, 3:00 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
29 Jan 2021, 5:01 am by Jonathan Shaub
The most famous case on executive privilege is United States v. [read post]
18 Jan 2021, 9:00 pm by Neil H. Buchanan
And this is so even if one makes the mistake of agreeing with Scalia and his colleagues that the Constitution grants that right to individuals, not well-organized militias.The Second Amendment does not say some arms, but only the most unhinged advocates would say that the Constitution permits private ownership of heavy artillery or nuclear weapons. [read post]
Federal law prohibits “depredation against any property of the United States” as well as robbing or attempting to rob “another of any kind or description of personal property belonging to the United States. [read post]
11 Dec 2020, 5:01 am by Eve Gaumond
I’m Canadian—and, watching the show, I wondered about this as well. [read post]
2 Dec 2020, 7:51 am by Eric Goldman
[Cross-posted from Techdirt] Section 230 has become a mainstream discussion topic, but unfortunately many discussants don’t actually understand it well (or at all). [read post]
23 Nov 2020, 4:00 am by Howard Friedman
Vasileía tou Theoú, (South Dakota Law Review, Vol. 65, No. 2, 2020).Brian Owsley, Is The Supreme Court Irrational: Trump v. [read post]
12 Nov 2020, 8:18 pm by Josh Blackman
The letter was signed by more than 200 judges, including judges appointed by every president, going back to President Ford. [read post]
12 Nov 2020, 1:25 pm by rainey Reitman
Xavier Becerra and United States of America v. [read post]
30 Oct 2020, 4:00 am by Ian Mackenzie
As noted by Justice Perram in the Capic v. [read post]
22 Oct 2020, 11:25 am by Joseph Fishkin
All this was literally true, in the sense that if Bork had been on the Court and had commanded a majority, major Supreme Court decisions such as Roe v. [read post]
9 Oct 2020, 6:30 am by Guest Blogger
Ranked choice voting is his preferred option, but he considers several other schemes as well. [read post]
6 Oct 2020, 6:30 am by Guest Blogger
Christine Blasey Ford, the Senate confirmed Brett Kavanaugh as a Supreme Court Justice. [read post]