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30 Jun 2017, 9:03 am by Ronald Collins
The 11th edition features new coverage of events that have dominated the headlines, such as the battle to fill Justice Antonin Scalia’s seat and the landmark decision for marriage equality in Obergefell v. [read post]
19 Jun 2017, 4:00 am by Howard Friedman
Earp & Robert Darby, Circumcision, Sexual Experience, and Harm, (University of Pennsylvania Journal of International Law, Vol. 37, No. 2, 2017).Steven Douglas Smith, The Pagan City, the Christian City, and the Secular City, (San Diego Legal Studies Paper No. 17-290 (2017)).Steven Douglas Smith, Coming Home? [read post]
15 Jun 2017, 11:01 am by NCC Staff
Steven Calabresi is the Clayton J. and Henry R. [read post]
13 Jun 2017, 4:45 am by Edith Roberts
In The Economist, Steven Mazie notes that by “leaving the First Amendment matter off to one side, the Ninth Circuit gave the Supreme Court a possible path to uphold the stays on Mr Trump’s bans without causing undue constitutional drama” In The Atlantic, Garrett Epps agrees that the 9th Circuit’s decision offered the justices “a map of an escape route, if they care to take it. [read post]
12 Apr 2017, 7:49 am by Randy Barnett
” Thus, although the scholars would never say that there can be no Fourteenth Amendment right to abortion or same-sex marriage simply in virtue of the fact that most members of the Reconstruction Congress and the general public in 1868 thought there was no such right, politicians and justices who, during their confirmation hearings talk the talk of semantic originalism, make just such academically discredited arguments in reliance on the framers’ and ratifiers’ concrete… [read post]
10 Apr 2017, 12:23 pm by Howard M. Wasserman
Background Beginning in 2000, Steven Sherman (who died during the litigation) sought approval from the town of Chester, New York, to develop a 400-acre parcel of land into a residential subdivision. [read post]
23 Mar 2017, 6:14 am by Jonathan H. Adler
Federalist Society luminaries range from libertarians like Randy Barnett to traditionalists like Michael Stokes Paulsen and those who defy conventional definition, like Society Chairman Steven Calabresi, a noted originalist scholar who’s also written that the Constitution requires recognition of same-sex marriage. [read post]
21 Mar 2017, 9:02 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
7 Mar 2017, 9:01 pm by Michael C. Dorf
”Dissenting from the Supreme Court’s decision finding a constitutional right to same-sex marriage, Chief Justice Roberts expressed a similar worry to the one that animated the Brown II Court. [read post]
7 Feb 2017, 9:01 pm by Michael C. Dorf
Senators and commentators have long debated whether ideology is a legitimate criterion for voting against the confirmation of a professionally qualified nominee, with no consensus emerging.On one hand, presidents very clearly consider ideology in choosing whom to nominate, thereby suggesting that Senators in choosing whether to “consent” to a nomination should likewise be able to make their judgments on that ground.On the other hand, given polarization on the most consequential issues… [read post]
27 Jan 2017, 12:12 pm by Steve Tabano
McCarty, actually precluded state courts from dividing military retired pay as an asset of the marriage. [read post]
15 Jan 2017, 12:00 am by Smita Ghosh
”The Nation features a review of Steven Hahn’s A Nation Without Borders: The United States and Its World in an Age of Civil Wars, 1830-1910. [read post]
22 Dec 2016, 11:03 am by Ronald Collins
The following is a series of questions posed by Ronald Collins on the occasion of the publication of “My Own Words” by Ruth Bader Ginsburg with Mary Hartnett and Wendy W. [read post]