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1 Feb 2023, 5:11 am
Editor's Note: this article also appears in the Transnational Litigation Blog. [read post]
1 Feb 2023, 4:30 am
To many Court observers, we could probably stop there. [read post]
31 Jan 2023, 9:31 am
Supreme Court in Varity v. [read post]
31 Jan 2023, 4:30 am
That's inconsistent with both the letter and spirit of the one Supreme Court case that construes Section 4, Perry v. [read post]
30 Jan 2023, 4:00 am
However, thanks to America's gun culture (warmly embraced by our far-right Supreme Court), the U.S. and U.K. aren't entirely comparable. [read post]
27 Jan 2023, 5:16 am
Supreme Court Justices Elena Kagan and Sonia Sotomayor, or Angela Merkel, for instance, have all been described as wielding “big dick energy. [read post]
25 Jan 2023, 2:44 pm
” In doing so, Allen misinterpreted binding Delaware Supreme Court precedent and ignored the important policy justifications underlying that precedent. [read post]
25 Jan 2023, 8:00 am
The Supreme Court in The Civil Rights Cases (1883) held that racial prejudice was not a badge or incident of slavery [read post]
20 Jan 2023, 5:16 am
” The “Flatow Amendment ';039; established a cause of action against the agencies and instrumentalities of states whose sovereign immunity had been abrogated under AEDPA. [read post]
18 Jan 2023, 5:00 am
Nonetheless, the Constitution is short; governing a modern country with a population of a third of a billion people is complex; and as Tocqueville observed long ago, “[s]carcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. [read post]
16 Jan 2023, 10:07 am
King's most divinely aligned imagery. [read post]
14 Jan 2023, 6:30 am
The Court had held in 1909 that people who were employed by or received pensions from the United States couldn’t serve as jurors in federal criminal cases. [read post]
13 Jan 2023, 12:18 pm
Here you are thinking you’re helping because a physical ticket mailed out to people could be lost, burned, copied, etc. [read post]
9 Jan 2023, 1:02 pm
As one federal judge told us, "nobody's … looking at what's happening [in these pretrial hearings], where the Constitution is playing out day to day for people. [read post]
6 Jan 2023, 5:01 am
In applying the Pickering test, courts seek to balance the employee's free speech rights with the employer's interest in workplace efficiency. [read post]
3 Jan 2023, 8:30 am
Political and legal communities must first see something in a particular way before they can apply their mechanics of meaning making, as well as their ordinary hermeneutics, to ';solve039; an problem that had remained invisible in plain sight. [read post]
1 Jan 2023, 4:05 am
The Supreme Court instructs that "a component" of a church's "autonomy is the selection of the individuals who play certain key roles. [read post]
30 Dec 2022, 4:31 pm
Under its plain text, it restricts concealed carry in "any place of worship or religious observation. [read post]
28 Dec 2022, 5:05 am
And that's mostly true. [read post]
26 Dec 2022, 10:14 am
Rather, it's that even publishing Prof. [read post]