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3 Nov 2022, 4:49 pm
If they are teaching otherwise, we need Congress and the Executive Branch to step in and reform the system. [read post]
28 Oct 2022, 5:55 am
Luttig, once shortlisted for a Supreme Court seat by the George W. [read post]
26 Oct 2022, 4:00 am
Although some Americans were troubled by the efforts of the George W. [read post]
25 Oct 2022, 10:46 am
Bernard W. [read post]
18 Oct 2022, 7:29 pm
Critics of deference argue that approaching the question in this way provides the executive branch too much power, as, so long as it has some half-way decent argument, it will prevail, and thus the central concept of deference ought to be abandoned. [read post]
11 Oct 2022, 7:00 am
Not at all.It started inauspiciously, with the lifelong Republican leaving academia to serve very briefly as Chair of the Council of Economic Advisors at the beginning of George W. [read post]
10 Oct 2022, 5:01 am
Civil Investigative Demands (CIDs) & Collateral Enforcement Risks: A Review (October 12, 2022): The False Claims Act is the primary civil enforcement tool utilized by our government today. [read post]
4 Oct 2022, 6:20 pm
"People are being intimidated, threatened and bullied by the executive branch of our city government while cronyism and nepotism is being exercised," Gundy said in his prayer. [read post]
4 Oct 2022, 7:57 am
On this account, executive branch appointments politics matter critically to originalism’s authority, as do originalism’s appeals to constitutional memory to legitimate the exercise of public power. [read post]
4 Oct 2022, 7:57 am
On this account, executive branch appointments politics matter critically to originalism’s authority, as do originalism’s appeals to constitutional memory to legitimate the exercise of public power. [read post]
2 Oct 2022, 9:30 pm
Judge Sullivan told me that when President George W. [read post]
30 Sep 2022, 5:28 pm
[My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity. [read post]
26 Sep 2022, 5:01 am
Section 4 continues, “[W]hen the President transmits … his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of” the Cabinet “transmit within four days … their written declaration that the President is unable to discharge the powers and duties of his office. [read post]
23 Sep 2022, 4:21 am
In political writing about the federal judiciary, there is a convention to treat the partisan affiliation of a judge or justice as a mere curiosity; to pretend that it does not matter that much whether a jurist was nominated by Ronald Reagan or Bill Clinton or George W. [read post]
22 Sep 2022, 6:30 am
This post was prepared for a roundtable onComparative Constitutional Design, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
22 Sep 2022, 3:00 am
” Speakers at the conference will also include Harvey Klehr, Andrew W. [read post]
21 Sep 2022, 5:16 am
Justice is having a moment. [read post]
21 Sep 2022, 2:58 am
Foster, APC, Serial No. 87981611 (September 19, 2022) [not precedential] (Opinion by Judge Thomas W. [read post]
20 Sep 2022, 10:00 am
"You don't want the political branches telling you what the law is. [read post]
15 Sep 2022, 4:24 am
Gregory W. [read post]