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12 Aug 2022, 5:55 am by Nicholas Rasmussen
Then-candidate Joe Biden centered Charlottesville in his 2020 “America is an Idea” presidential bid video, framing his candidacy as a “battle for the soul of America” against a backdrop of neo-Nazis marching through the University of Virginia’s Grounds. [read post]
3 Aug 2022, 2:00 am by Guest Author
[2] For an excellent exploration of Cooley’s political philosophy, see Alan Jones, Thomas M. [read post]
31 Jul 2022, 5:53 am by Bill Henderson
  See, e.g., Thomas Piketty, Capital in the 21st Century (2013) (economist); David Huyssen, Progressive Inequality (2014)(historian); Tim Wu, The Curse of Business: Antitrust in the New Gilded Age (2018) (law professor cited in Part I). [read post]
14 Jul 2022, 1:10 am by Neil H. Buchanan
  I will thus frame my comments around three anecdotes (possibly four, depending upon how one counts the two-part story that I will discuss at the end of this column). [read post]
9 Jul 2022, 4:00 am by jonathanturley
It is a framing that explicitly or implicitly raises the “harm principle” of John Stuart Mill—with a lethal twist. [read post]
6 Jul 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
30 Jun 2022, 8:59 am by Elly Page
While this type of regulation has not been directly scrutinized by the courts, there are reasons to believe it would survive if framed as a “sensitive place” regulation or “time, place, and manner” restriction. [read post]
29 Jun 2022, 9:01 pm by Barry Winograd
” Justice Clarence Thomas, writing for a unanimous Court, affirmed an appellate ruling applying the FAA exemption. [read post]
28 Jun 2022, 9:00 pm by Austin Sarat and Dennis Aftergut
”In Casey, Justices Sandra Day O’Connor, David Souter, and Anthony Kennedy framed privacy as an aspect of autonomy and the right of self-definition, “of meaning, of the universe, and of the mystery of human life. [read post]
26 Jun 2022, 10:40 pm by Josh Blackman
Justice Thomas's majority opinion in New York State Rifle & Pistol Association v. [read post]
24 Jun 2022, 11:50 am by Sherry F. Colb
Anyone who is being honest will acknowledge that those who framed and ratified the Second and Fourteenth Amendments had no expectation that the constitutional protection would extend without limits to those carrying concealed firearms on their person. [read post]
24 Jun 2022, 4:00 am by Jim Sedor
The survey came amid a contentious and high-profile calendar that has involved questions of bias, as well as investigations into Justice Clarence Thomas’ family ties to the insurrection at the U.S. [read post]
23 Jun 2022, 12:27 pm by Eugene Volokh
This right can be limited to the extent that there is a historical tradition of limitation—especially from shortly before and around the time of the Framing, but also perhaps from up to the late 19th century. [read post]
21 Jun 2022, 10:25 pm by Matthias Weller
HCCH 2019 Judgments Convention Repository   In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. [read post]
21 Jun 2022, 8:39 am by Eugene Volokh
Here are excerpts from Chief Justice Roberts' majority opinion, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett: [A.] [read post]