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UNLV Law CLE on Brackeen, Sept. 20
14 Sep 2023, 1:57 pm by Kate Fort
The majority opinion by Justice Barrett, and concurring arguments by Justice Gorsuch, addressed questions about Congressional power over Indian affairs, tribal sovereignty, and equal protection. [read post]
Turtle Talk - https://turtletalk.blog/
Tillman and Blackman on Section 3 of the 14th Amendment
13 Sep 2023, 6:30 am by ernst
Nor does the “engage” prong extend to inaction—for example, failing to take action with regard to an insurrection or rebellion.Part V considers another threshold question: was Trump ever subject to Section 3? [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
[Josh Blackman] Professor Calabresi in WSJ: President Trump Can Not Be Disqualified
12 Sep 2023, 7:35 pm by Josh Blackman
Seth Barrett Tillman for 25 years. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Following “Dangerous” Thomas Dissent, Court Filings Question Constitutionality of FCA’s Qui Tam Provisions
12 Sep 2023, 12:39 pm by Geoff Schweller
Polansky v. [read post]
Whistleblower Protection Blog - http://www.whistleblowersblog.org/
[Josh Blackman] New Article: Sweeping and Forcing the President into Section 3
11 Sep 2023, 10:24 pm by Josh Blackman
Part V considers another threshold question: was Trump ever subject to Section 3? [read post]
The Volokh Conspiracy - http://www.volokh.com/
The Major Questions Doctrine Is Not About Delegation, but Usurpation—And That Matters, by James C. Phillips
11 Sep 2023, 3:00 pm by Guest Author
” Even Justice Barrett, who sees the major questions doctrine as an ambiguity canon rather than a clear statement rule, focuses not on Congress but the Executive when applying it in her Biden v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Supreme Court Upholds Ban on Encouraging Illegal Immigration
8 Sep 2023, 9:09 am by DONALD SCARINCI
In United States v. [read post]
Constitutional Law Reporter - https://constitutionallawreporter.com/
The morning read for Tuesday, August 29
29 Aug 2023, 7:16 am by SCOTUSblog
Vázquez, Transnational Litigation Blog) The post The morning read for Tuesday, August 29 appeared first on SCOTUSblog. [read post]
SCOTUSblog - http://www.scotusblog.com/
SCOTUS Limits Foreign Reach of Trademark Law
22 Aug 2023, 9:38 am by DONALD SCARINCI
In Abitron Austria GmbH v. [read post]
Constitutional Law Reporter - https://constitutionallawreporter.com/
Do No Harm: Texas Court Rules in Favor of Women Harmed by Abortion Ban’s Inadequate Protection for Medical Emergencies
14 Aug 2023, 9:01 pm by Joanna L. Grossman
Wade (1973) and Planned Parenthood v. [read post]
Verdict - http://verdict.justia.com/
Volume IV of The Major Questions Doctrine Reading List, by Beau J. Baumann
14 Aug 2023, 5:36 am by Guest Author
In Nebraska, Amy Coney Barrett wrote separately to condemn the stronger version of the MQD. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
John Roberts Takes Control on Voting Rights
11 Aug 2023, 7:00 am by Alan Neff
In Rucho v. [read post]
Just Security - https://www.justsecurity.org/
[Josh Blackman] Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did
8 Aug 2023, 9:05 pm by Josh Blackman
Paxton (vacating stay), United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Kai Cenat is a Fool, Not a Felon
8 Aug 2023, 6:00 am by jonathanturley
Influencers like Isabella Barrett, 15, are worth millions for “livin the life girl! [read post]
Jonathan Turley - https://jonathanturley.org/
[Eugene Volokh] Florida Appellate Court Rejects Third Circuit's Reasoning as to Felons and the Second Amendment
7 Aug 2023, 5:01 am by Eugene Volokh
See, e.g., United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A SCOTUS Roundup Focused on Textualism (with a Concluding Thought About Democracy)
3 Aug 2023, 4:00 am by Michael C. Dorf
Perhaps the most eye-opening was Dubin v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
[Josh Blackman] What The Trump Indictment Left Out
1 Aug 2023, 8:22 pm by Josh Blackman
I have now had a chance to read the entire 45-page indictment in United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Of stalking horses and dogs that did not bark: 303 Creative LLC v Elenis, standards of review, commercial speech, and the end of the beginning of the modern First Amendment
31 Jul 2023, 4:47 pm by INFORRM
On the other hand, the Colorado restriction might not survive the application of United States v United Foods, Inc 533 US 405 (2001), where obligations upon fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales did not survive Central Hudson scrutiny as mediated through Glickman v Wileman Brothers & Elliott, Inc 521 US 457 (1997). [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
[Josh Blackman] Justice Alito's Interview in the Wall Street Journal
31 Jul 2023, 11:50 am by Josh Blackman
Fifth, Justice Alito said nothing at all about the judicial philosophies of Justices Barrett or Kavanaugh. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Tobia, Walters, & Slocum on the Experimental Evidence on Major Questions Doctrine as a Linguistic Canon
31 Jul 2023, 8:55 am by Lawrence Solum
Justice Barrett recently argued in Biden v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/