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12 Feb 2021, 11:53 am by Philip Bobbitt
Frank Bowman recently published an essay in Lawfare that criticized arguments I made in an essay on the site. [read post]
11 Feb 2021, 2:35 pm by Josh Blackman
Justice Scalia argued that Congress can only act through voting on a statute. [read post]
22 Jan 2021, 6:00 am by Guest Blogger
App. 2000) (opinion withdrawn, but its author dissented from the en banc for this reason, 41 S.W.3d at 366-75 [Anderson, J.]). [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]
13 Jan 2021, 5:12 pm by Howard Bashman
“Texas solicitor general latest exit in embattled AG’s office”: Jake Bleiberg and Paul J. [read post]
27 Dec 2020, 9:06 pm by Series of Essays
” Deceptive Deregulation November 2, 2020 | Cary Coglianese and Natasha Sarin, University of Pennsylvania Law School and Stuart Shapiro, Edward J. [read post]
25 Dec 2020, 8:31 pm by Josh Blackman
Who else would dismiss a Scalia opinion as dicta? [read post]
17 Dec 2020, 11:10 pm by Josh Blackman
My sense is that Scalia made up this dichotomy to account for older precedents that did not use rational basis scrutiny. [read post]
8 Dec 2020, 8:44 am
"From "No, President Trump can’t pardon himself" by the former federal judge J. [read post]
3 Dec 2020, 7:35 am by David Oscar Markus
” He is just as likely as GOP presidential contenders Patrick J. [read post]
29 Nov 2020, 5:32 am by Comunicaciones_MJ
“La existencia de lo que lo jóvenes llamaban ‘tiraera’ entre los jueces no es nueva, pero siempre ha sido —incluso en los parámetros puertorriqueños, cuidadosos— como la famosa marea judicial (una opinión de Rafael Martínez Torres). [read post]
22 Nov 2020, 4:09 pm by INFORRM
Last Week in the Courts On 16 November 2020 Nicklin J handed down judgment in the case of Hijazi v Yaxley-Lennon [2020] EWHC 3058 (QB). [read post]
21 Nov 2020, 10:24 am by Schachtman
Scalia was not a faker; Trump is. [read post]