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24 Sep 2020, 1:20 pm by Linda McClain
” Justice Ruth Bader Ginsburg made this declaration in her majority opinion in United States v. [read post]
20 Sep 2020, 9:01 pm by Joseph Margulies
Hodges, for instance, it was already the law in 37 states and the District of Columbia.I understand why so many on the left worship the Court—or rather, the myth of the Court. [read post]
11 Sep 2020, 5:55 am by Matthew L.M. Fletcher
Here is the abstract: This essay examines the United States Supreme Court’s July 9, 2020 decision in McGirt v. [read post]
4 Sep 2020, 3:58 am by CMS
The (majority) Supreme Court’s decision The Supreme Court (with majority judgments from Lord Reed and Lord Hodge) closely examined the authorities on the principle of reflective loss, in particular Prudential and Johnson. [read post]
11 Aug 2020, 9:55 pm by Kevin Kaufman
My colleague Scott Hodge recently pointed to Tax Foundation research from 1950 that shows how harmful those policies are.[20] The real challenge of any excess profits tax, and one that Christians recently noted in a presentation, is defining what is excessive.[21] As U.S. [read post]
22 Jul 2020, 2:46 am by Family Law
From the New Yorker: Today, the official archive of gay marriage is still in its infancy: in the United States, June marked the fifth anniversary of the Supreme Court’s ruling in Obergefell v. [read post]
18 Jul 2020, 9:40 am by Guest Blogger
  At that time Colorado had two strong Defense of Marriage provisions, one in the Constitution and the other statutory, not only barring the celebration of same-sex marriages in the state but denying in-state recognition to valid out-of-state same-sex marriages.[4]  The federal government had its own DOMA.[5]  But Massachusetts had recognized same-sex marriage.[6]Phillips met with them personally and, when he heard that the cake was intended as a celebration… [read post]
12 Jul 2020, 9:00 pm by Katharine Van Tassel
Hodge (Arizona State University), Sarah Wetter (University of Maryland), Emily Carey (Arizona State University), Elyse Pendergrass (Arizona State University), Claudia M. [read post]
7 Jul 2020, 6:30 am by JB
Hodges: A Critical Introduction, on SSRN. [read post]
30 Jun 2020, 2:51 pm by Jane S. Schacter
This is a well-known 1955 precedent about regulation of eyeglass prescriptions that permits state regulation based on any hypothetical rationale a state “might” have had in mind, even if there is no indication that the state ever thought about that policy and, instead, a lawyer for the state conjures it for the first time from whole cloth in litigation. [read post]