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26 May 2020, 3:06 pm by Patricia Hughes
INTRODUCTION In my post last week, I blogged the background to an analysis of constitutional challenges to interprovincial border closures. [read post]
25 May 2020, 6:30 am by Guest Blogger
That decision assumed that the Articles of Confederation remained in force in 1787. [read post]
21 May 2020, 6:30 am by Sandy Levinson
(As several other reviewers have noted, though, one of the truly important features of Waters's argument is that he in no way relies on ascriptive identities, such as ethnicity, to undergird his argument.) [read post]
17 May 2020, 6:30 am by Guest Blogger
  But sometimes takes a war, as happened in the case of Yugoslavia, and in the American secession from Britain in 1776. ( 21).What of 1776 and 1860-61, then? [read post]
16 May 2020, 6:30 am by Guest Blogger
  And as Buckley points out, the case that presented the greatest challenge in this regard was Confederate President Jefferson Davis’s treason prosecution.The Supreme Court’s decision in Texas v. [read post]
14 May 2020, 6:30 am by Guest Blogger
There’s truth here, but it’s also worth noting that such arguments can prove too much: why not cities or counties or even smaller units rather than states? [read post]
13 May 2020, 10:30 am by Guest Blogger
White.[2]In that case, decided after the War was good and over, the Court held that the union was “perpetual,” as the 1781 Articles of Confederation had stipulated. [read post]
8 May 2020, 11:56 am by Scott R. Anderson, Ashley Deeks
The government seized dynamite, high-powered rifles, Nazi and Confederate flags, and a document described as a contract with the former prime minister of Dominica, Patrick John. [read post]
6 May 2020, 6:30 am by Mark Graber
  As noted above, his first inaugural refers to the constitutional authority of the people rather than that of a particular federal officeholder. [read post]
3 May 2020, 8:55 pm by Omar Ha-Redeye
 The American authorities should not be considered in this case. [read post]
The national fight against the spread of the novel coronavirus demands a leader who can take charge of and defeat a grave threat, and who can put partisan politics aside to create a shared sense of national purpose. [read post]
14 Apr 2020, 2:14 pm by Eugene Volokh
We have had readings or slides discussing cross-burning, and depicting swastikas and Confederate flags connected to cases or problems. [read post]
3 Apr 2020, 8:32 am by Nicholas Mosvick
The Court noted that there are three kinds of military jurisdiction: military law, military jurisdiction, and martial law. [read post]
31 Mar 2020, 9:40 am by Eugene Volokh
We have had readings or slides discussing cross-burning, and depicting swastikas and Confederate flags connected to cases or problems. [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
” Recalling Charlottesville’s experience in the summer of 2017 in which white supremacists protested—with deadly results—the city’s removal of its Confederate statutes, he additionally challenges the limits of the state action doctrine and its blindness to the threats to equality that nongovernmental speakers also pose. [read post]
27 Mar 2020, 2:00 am by Laura Becking
Please note that the government guidance/requirements and best practices will continue to evolve over time. [read post]
11 Mar 2020, 6:30 am by Guest Blogger
The Case of Confederate Monuments, 108 Ky. [read post]
11 Mar 2020, 2:00 am by Laura Becking
Please note that the government guidance/requirements and best practices will continue to evolve over time. [read post]
10 Mar 2020, 8:31 am by Laura Becking
Please note that the government guidance/requirements and best practices will continue to evolve over time. [read post]