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While Davis was on the SJC, the court issued advisory opinions on two of the most explosive issues in American politics: Black voting rights after Dred Scott v. [read post]

Legal History Blog - http://legalhistoryblog.blogspot.com/

[Eugene Volokh] Expelled White Student's Suit Against Howard Law School Largely Dismissed, but Can Go Forward on Some Claims

6 Feb 2024, 10:50 am by Eugene Volokh

A short excerpt from today's long decision by Judge Trevor McFadden (D.D.C.) in Newman v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”

3 Feb 2024, 9:52 am by Marty Lederman

Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]

Balkinization - http://balkin.blogspot.com/

"For more than 40 years, our nation’s military leaders have determined that a diverse Army officer corps is a national-security imperative..."

3 Feb 2024, 9:21 am

Bollinger (2003)(overruled in the Harvard and UNC case):[H]igh-ranking retired officers and civilian leaders of the United States military assert that, “[b]ased on [their] decades of experience,” a “highly qualified, racially diverse officer corps … is essential to the military’s ability to fulfill its principle mission to provide national security. [read post]

Althouse - https://althouse.blogspot.com

Between Rhetoric and Effects: The ICJ Provisional Measures Order in South Africa v. Israel

1 Feb 2024, 5:50 am by Yuval Shany

In the Gambia v. [read post]

Just Security - https://www.justsecurity.org/

Massive Copyright Lawsuit Threatens to Monopolize Reggaeton Music

30 Jan 2024, 4:34 pm by Washington Journal of Law, Technology & Arts

Browne v. [read post]

Law, Technology & Arts Blog - http://wjlta.wordpress.com/

How a Commitment Rule Would Improve the Choice of Cross-Border Insolvency Forum

28 Jan 2024, 9:05 pm by renholding

The Commitment Rule is a further development of the proposal we submitted to the Secretariat of UNCITRAL Working Group V (Insolvency) in an open letter on September 14, 2023. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

FAQs about the NetChoice Cases at the Supreme Court, Part 1

28 Jan 2024, 4:48 pm by Daphne Keller

How do the NetChoice cases relate to Murthy v. [read post]

Stanford Center for Internet and Society Blogs - http://cyberlaw.stanford.edu/blog

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

This statute would only be constitutional if either rank-and-file members of Congress, or those House and Senate positions, are "Officers" as used in Article II. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Administrative Law SSRN Reading List, December 2023 Edition

27 Jan 2024, 4:35 pm by Christopher J. Walker

Sunstein Administrative Law Scholars Amici Brief: SEC v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Disqualification News — Appellate Court DQ Drama, DQ Motion Denied

23 Jan 2024, 6:13 am by Dan Bressler

’ United States v. [read post]

Bressler Risk Blog - http://www.bresslerriskblog.com

Case Law: Dyson v MGN, Honest opinion defence succeeds … and no serious harm – Conor Fenton-Garvey

22 Jan 2024, 4:15 pm by INFORRM

On 1 December 2023, Jay J handed down judgment in Dyson v MGN Ltd [2023] EWHC 3092 (KB). [read post]