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21 Feb 2024, 9:45 am by Trent Dykes
For example, in several decisions last year, the Delaware Chancery Court declined to blue-pencil or otherwise modify an overbroad covenant (even when the agreement expressly authorized the court to do so), noting that the practice can create a “no-lose” incentive. [read post]
21 Feb 2024, 9:00 am by William Banks
Finally, Title 10 status occurs when state National Guard units are “federalized” by the president of the United States pursuant to one of the statutory authorities for doing so. [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
There are few crimes so violative of human autonomy and dignity as rape. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
21 Feb 2024, 4:00 am by Michael C. Dorf
The most obvious class of examples, as I discussed on Monday and as I explain at greater length in the article, consists of so-called "percentage" plans by which various states guarantee admission to a state university to students graduating in a specified top percentage of their respective high school classes.For example, in his dissent in Fisher v. [read post]
21 Feb 2024, 3:44 am by SHG
” And yet, in his five-page dissent from the denial of cert in Coalition for TJ v. [read post]
20 Feb 2024, 1:17 pm by Eugene Volokh
This Article is especially critical of the state action doctrine best known from Blum v. [read post]