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18 Jun 2019, 4:15 am by Edith Roberts
” Additional coverage comes from Robert Barnes for The Washington Post, Adam Liptak for The New York Times, and Lawrence Hurley at Reuters, who reports that the decision has “major implications for people like Paul Manafort convicted in Special Counsel Robert Mueller’s Russia probe and facing state charges as well. [read post]
24 May 2019, 3:10 am by Edith Roberts
” At Michael Best, James Lawrence III and Joseph Olson look at this week’s decision in Merck Sharp & Dohme v. [read post]
23 May 2019, 7:08 am by Jack Goldsmith
I argued earlier this month that Special Counsel Robert Mueller’s report misapplied the presidential clear statement rule and improperly exposed many of President Trump’s actions in response to the Russia investigation to potential criminal liability. [read post]
15 May 2019, 7:21 pm
I am delighted to announce the publication of  "Next Generation Law: Data-Driven Governance and Accountability Based Regulatory Systems in the West, and Social Credit Regimes in China," Law &: Southern California Interdisciplinary Law Journal 28(1): 123-172 (2018).In the contemporary world, compliance systems and policing are quickly replacing law and the traditional methods of enforcement (either organic or positive law) as the framework through which collectives (the state, the… [read post]
14 May 2019, 4:47 am by Andrew Kent
They trace this clear statement rule primarily to a 1992 Supreme Court case—Franklin v. [read post]
26 Apr 2019, 3:59 am by Edith Roberts
” Charlotte Garden analyzes Wednesday’s decision in Lamps Plus Inc. v. [read post]
23 Apr 2019, 2:29 pm by Andrew Hamm
” The post Afternoon round-up: Oral argument in <em>Department of Commerce v. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). [read post]
7 Apr 2019, 2:30 pm by David Lat
[Balkinization] * Texas v. [read post]
4 Apr 2019, 6:00 am by Guest Blogger
But as I have argued elsewhere Chief Justice John Roberts and Justice Samuel Alito have pretty strong originalist tendencies. [1]  Even if these latter justices respect precedent more, they follow originalism in cases of first impression, as in NLRB v. [read post]
27 Mar 2019, 1:00 am by Thaddeus Mason Pope, JD, PhD
Matthew Lawrence, Penn State Law, The Powers of the Purse in Dissonance: Entitlements, Disappropriation, and the Separation of Powers Daniel Swartzman, Loyola University Chicago School of Nursing, Proposing an Uncomfortable Conversation on the “Right to Healthcare" E. [read post]