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1 Oct 2023, 2:25 pm by Jacob Katz Cogan
Grover, The Court's Role in Upholding Inter- Generational Obligations Respecting the Child's Right to Truth: Juliana v. [read post]
29 Sep 2023, 4:00 am by Michael C. Dorf
Because my crosscurrents paper is already likely to use more pages in the law review than a typical symposium-length article, I didn't think it appropriate to ask the law review to publish my write-up of my remarks on animal rights as well.Accordingly, I'll use this essay to preview my remarks, which I'm titling Sherry Colb's Argumentative Style. [read post]
28 Sep 2023, 9:02 pm by Josephine A. Phillips
EDITOR’S CHOICE In an essay in The Regulatory Review, Paul C. [read post]
28 Sep 2023, 4:00 am by Anil Kalhan
Ultimately, of course, the Supreme Court vacated the Trump administration’s rescission of DACA in 2020 when—by a 5-4 margin, with Chief Justice John Roberts writing for the majority—it decided Department of Homeland Security v. [read post]
27 Sep 2023, 8:00 am by Guest Blogger
More specifically, in his opinion last Term dissenting from a denial of cert in Buffington v. [read post]
27 Sep 2023, 7:08 am
In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. [read post]
27 Sep 2023, 7:08 am by Christine Corcos
In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. [read post]
23 Sep 2023, 3:12 am
Today’s conservative revolution is very wrong, but it is not worse than [the Lochner Court and the Plessy v. [read post]
20 Sep 2023, 4:00 am by Judith Gaskell
That provision was also challenged in Heart of Atlanta Motel, Inc. v. [read post]
19 Sep 2023, 10:30 pm by Tomasz Tadeusz Koncewicz
And finally, in the most recent C-204/21 Commission v Poland, the Court asserted its authority in the strongest possible terms by proclaiming that, “the review of Member States’ compliance with the requirements arising from Article 2[…] TEU falls fully within the jurisdiction of the Court” (para. 62), and that Article 2 TEU is not merely a statement of policy guidelines or intentions, but rather “contains values which are an integral part of the very… [read post]
18 Sep 2023, 6:03 am by Emmanuelle Boilard
En pratique, l’employeur devra donc détenir de réels motifs justifiant sa décision, lesquels pourront valablement reposer, par exemple, sur un véritable manque de savoir-être du salarié pourtant porté à l’attention de ce dernier. [read post]
18 Sep 2023, 5:43 am by The Petrie-Flom Center Staff
When states ban gender-affirming care (GAC) for minors, for instance, they cite Gonzales v. [read post]
14 Sep 2023, 4:24 am by Michael C. Dorf
Our column anticipated that hypocritical lawyers working for Trump would say that the Electoral Count Act is unconstitutional, despite the Supreme Court's reliance on it in Bush v. [read post]
9 Sep 2023, 12:41 pm by Ezra Rosser
The essay then reviews political explanations that emphasize the essential role of social policy generosity, political choices to penalize risks, power resources of collective political actors, and institutions. [read post]
7 Sep 2023, 9:17 am by Richard Re
In this essay, I have focused on the law as it currently stands. [read post]