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11 Feb 2021, 3:14 am by Greg Lambert and Marlene Gebauer
Marlene Gebauer: Well, did you ever learn how to craft an email with military precision? [read post]
10 Feb 2021, 11:13 am by David Super
  Indeed, they did so prior to releasing their budget resolution, which was crafted to fit a fairly precise vision of what the final legislation would do. [read post]
3 Feb 2021, 5:01 am by Paul Rosenzweig
The next, more detailed subsidiary question is precisely what can or should be measured. [read post]
28 Jan 2021, 6:09 pm by Francis Pileggi
Among the claims by the limited partner was that the general partner of the limited partnership, the LLC manager, breached fiduciary duties by failing to disclose that the general partner was the only investor in the fund other than the suing limited partner, and related omissions or misrepresentations. [read post]
27 Jan 2021, 2:06 am by Jan von Hein
Notwithstanding the merits in system-alignment terms of this proposal, arguably, substantive policy rationales (favor laesi) ought to take precedence over pure systemic private-international-law considerations. [read post]
19 Jan 2021, 10:43 am by Daniel J. Hemel
As far as I know, no former member of the Electoral College participated in the Jan. 6 assault, so this question is purely academic. [read post]
18 Jan 2021, 6:30 am by Guest Blogger
Not only would this avoid the black hole of fighting for a term that is already widely misunderstood, but it would considerably widen the field and open the way for a more precise and far more expansive taxonomy or typology.So many important cases (and therefore so many models of major constitutional change) are left out when we are fighting purely on the turf of tree-snap vs. evolutionary-revolutionary change. [read post]
12 Jan 2021, 10:19 am by Jeremy Gordon
Readers interested in learning about another Foreign Sovereign Immunities Act case currently before the Supreme Court, Federal Republic of Germany v. [read post]
10 Jan 2021, 9:08 pm by Ilya Somin
We need to make an example of Trump in part precisely because we have been too soft on earlier presidential wrongdoing. [read post]
7 Jan 2021, 11:07 pm by Dean Falvy
COVID-19 restrictions have limited the assembled crowd, but the key officials of the federal government are all there too—with one notable exception.As the ceremony begins, a murmur goes through the crowd. [read post]
6 Jan 2021, 5:01 am by Eugene Volokh
Unlike traditional telephone harassment statutes, these statutes are not limited to unwanted speech said to an unwilling listener—speech that can in some situations be properly restricted, regardless of its subject matter. [read post]
30 Dec 2020, 3:01 pm by Eugene Volokh
"[R]estricting speech on purely private matters does not implicate the same constitutional concerns as limiting speech on matters of public interest. [read post]
22 Dec 2020, 6:01 am by Dan Maurer
A retired general can breach norms, vitiate public confidence, or behave unethically and ineptly out of pure partisan drive or naked self-interest. [read post]
21 Dec 2020, 5:01 am by Paul Stern
Provided some government entity pays the settlement or judgment, it does not matter who precisely writes the check. [read post]
11 Dec 2020, 12:58 pm by admin
The answer is likely yes—at least for a virus as serious as COVID-19—but forthcoming EEOC guidance may shed more light upon precisely when this standard is satisfied with respect to the coronavirus (e.g., potentially in relation to certain types of workplaces). [read post]
2 Nov 2020, 10:10 am by Eugene Volokh
" Second, certification would ensure that any conflict in this case between state law and the First Amendment is not purely hypothetical. [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
Common Cause partisan gerrymandering case; indeed, Chief Justice Roberts (who dissented in AIRC) wrote the majority opinion in Rucho, and cited and directly relied upon AIRC’s key holding when he pointed approvingly to measures in Michigan and Colorado that were in all relevant respects identical to the Arizona initiative measure at issue in AIRC.AIRC and its affirmation in Rucho make perfect sense as a matter of first constitutional principles; the federal Constitution takes state lawmaking… [read post]