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26 Apr 2010, 10:16 am by Orin Kerr
(Orin Kerr) Our nation’s capital is known as “Washington, DC. [read post]
10 Apr 2010, 10:24 pm by Orin Kerr
(Orin Kerr) With Justice Stevens having announced his retirement, all eyes now turn to President Obama’s purported short list: Elena Kagan, Merrick Garland, and Diane Wood. [read post]
25 Aug 2011, 9:16 am by Orin Kerr
(Orin Kerr) GW Law School (where I teach) recently sent an e-mail to its alumni asking for their views of what elective courses they now wish they had taken in law school, and also which elective courses they took that have proved most useful to them. [read post]
28 Dec 2010, 11:09 am by Orin Kerr
(Orin Kerr) One of the interesting arguments raised in the litigation over the individual mandate is whether courts should adopt a new activity/inactivity distinction in Commerce Clause doctrine. [read post]
13 May 2010, 11:10 pm by Orin Kerr
(Orin Kerr) A lot of people have noted that if Elena Kagan is confirmed to replace Justice Stevens, the Supreme Court will have no Protestants for the first time. [read post]
26 Jun 2014, 10:11 am
My co-bloggers Orin Kerr and Will Baude have taken a negative line on the decision, and I agree. [read post]
26 May 2007, 3:37 pm
With a hit tip to Orin Kerr for the pointer, anyone writing about sentencing topics may want to check out this notable new article, entitled "The Law Review Article Selection Process: Results from a National Study," exploring how student editors select article for law review publication. [read post]
22 Nov 2011, 1:05 pm by Orin Kerr
(Orin Kerr) Charlie Savage of the New York Times reports: The American Bar Association has secretly declared a significant number of President Obama’s potential judicial nominees “not qualified,” slowing White House efforts to fill vacant judgeships — and nearly all of the prospects given poor ratings were women or members of an ethnic minority group, according to interviews. [read post]
18 Aug 2011, 11:25 am by Orin Kerr
(Orin Kerr) In the latest issue of the Texas Review of Law & Politics, the Virginia state officials behind the Fourth Circuit challenge to the individual mandate — AG Ken Cuccinelli, SG Duncan Getchell, and Deputy AG Wesley Russell — have written a law review article on the broader jurisprudential context of their lawsuit: Why the Debate Over the Constitutionality of the Federal Health Care Law is About Much More Than Health Care.The article contains extensive discussions of… [read post]
1 Aug 2013, 10:22 pm by Orin Kerr
(Orin Kerr) My law school classmate Tim Edgar has a very interesting opinion essay in the Wall Street Journal arguing for greater transparency of the NSA’s surveillance activities. [read post]
5 Apr 2012, 1:48 pm by Orin Kerr
(Orin Kerr) This morning I appeared on the NPR radio program “On Point with Tom Ashbrook” to discuss the Supreme Court’s recent 5-4 Fourth Amendment case on strip searches, Florence v. [read post]
24 Jul 2013, 3:05 pm by Orin Kerr
(Orin Kerr) A decade ago last week, I left the Volokh Conspiracy and took a leave of absence from teaching to be a law clerk for Justice Kennedy. [read post]
21 Dec 2010, 10:27 pm by Tun-Jen Chiang
My earlier post on discerning majority will when contradictory preferences exist on different levels of generality has led to a long and interesting exchange with Orin Kerr. [read post]
2 Sep 2011, 1:06 pm by Orin Kerr
(Orin Kerr) The challengers to the constitutionality of the Affordable Care Act often argue that the Affordable Care Act is “unprecedented” — and therefore particularly suspect — because it uses the Commerce Clause to try to regulate inactivity. [read post]
10 Nov 2010, 11:27 am by Orin Kerr
(Orin Kerr) I recently taught one of my favorite criminal law cases, People v. [read post]
10 Mar 2011, 10:56 am by Orin Kerr
(Orin Kerr) Readers will remember the case of Lawrence Connell, the tenured Widener Law School criminal law professor who was put on leave and may be fired because of his classroom hypotheticals. [read post]
21 Jan 2011, 2:15 pm by Orin Kerr
(Orin Kerr) A few years ago, it was all the rage for law schools to start up faculty blogs. [read post]
9 Aug 2010, 12:43 pm by Orin Kerr
(Orin Kerr) Among the interesting results of the VC readership polls on same-sex marriage, I was particularly intrigued by the answers to when the Constitution began to require gay marriage. [read post]