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25 Aug 2015, 7:38 am
Thomas Merrill likewise defines it broadly, as “any federal rule of decision that is not mandated on the face of some authoritative federal text—whether or not that rule can be described as the product of ‘interpretation’ in either a conventional or an unconventional sense. [read post]
30 Jul 2015, 9:01 pm by Vikram David Amar
For many folks, next week’s Republican presidential debate in Cleveland—sponsored by Fox News and Facebook and scheduled to air on the Fox News Channel—fully kicks off the 2016 presidential election season. [read post]
21 Jun 2015, 10:02 am
Throughout the South, there are still numerous schools, streets, and other institutions named after Jefferson Davis, Robert E. [read post]
12 Jun 2015, 6:51 am by Amy Howe
Also at PrawfsBlawg, Seth Davis argues that two of the Court’s recent – and seemingly unrelated – decisions reflect “the changing face of federal supremacy. [read post]
21 May 2015, 9:01 pm by Vikram David Amar
” The Court said that the idea that judges feel particularly constrained by statements they make qua candidates is “not self-evidently true[,]” and thus cannot carry the day given the “burden [on the government] imposed by our strict scrutiny test to establish th[e] proposition that campaign statements are uniquely destructive of open-mindedness [or the appearance of open-mindedness]. [read post]
6 Feb 2015, 6:00 am by Bridget Crawford
Davis Benngriffdavis Toledo Fergal  Davis  Fergal_Davis  Univ New South Wales Jeremy de Beer jdebeer Ottawa Dominic  de Cogan  domcogan  Cambridge Fiona De Londras fdelond Durham (UK) Sarah  Deer sarahdeer William Mitchell Marc DeGirolami MarcODeGirolami St. [read post]
23 Jan 2015, 4:44 am by Bridget Crawford
Davis Benngriffdavis Toledo Jeremy de Beer jdebeer Ottawa Fiona De Londras fdelond Durham (UK) Sarah Deer sarahdeer William Mitchell Michelle M. [read post]
4 Dec 2014, 9:01 pm by Vikram David Amar
I refer here to the Medicaid expansion part of the 2012 decision, in particular the Court’s holding that Congress could not “surprise[e]” states by enforcing terms of a Medicaid bargain that were not “unambiguously” declared when the Medicaid deal was offered to states decades ago. [read post]
7 Nov 2014, 5:52 am
 For a case discussing the distinctions between these two types of warnings in detail, read Thomas v. [read post]