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4 Jul 2023, 9:02 pm
In one of the several notable decisions at the end of its 2022-23 Term, the Supreme Court last week in Moore v. [read post]
4 Jul 2023, 9:01 pm
In an important 1961 article in the Harvard Law Review, Yale Law Professor Alexander Bickel—who was a leading constitutional scholar of his generation—defended the Supreme Court’s exercise of what he called “the passive virtues. [read post]
4 Jul 2023, 4:32 pm
There (at [165]), the judge imagined a scenario where ‘X tells an assembly of people at a meeting that he has evidence that Y has murdered Z, his wife, who has been missing. [read post]
4 Jul 2023, 2:00 pm
Digital rights folks, as you can imagine, want the tech grounded Jessica Lyons Hardcastle America’s Transportation Security Agency (TSA) intends to expand its facial-recognition program used to screen US air travel passengers to 430 domestic airports in under a decade. [read post]
4 Jul 2023, 7:24 am
"AND: Getting to the meaty judgment of it all: "I’m trying to imagine the particular type of idiot that is unable to keep two small dogs locked away for a few weeks to protect a new mother cat and her kittens, and then would write about their failures as if they were the victim of trickery, rather than cheapskates who got in over their head for a free vacation spot. [read post]
4 Jul 2023, 6:30 am
What Loughlin is actually against is forms of constitutionalism that treat constitutions as “objects of worship”; that imagine that constitutions express deep authentic truths about the “collective political identity” of a governing regime or even its people; that fetishize the text of a written constitutional document; that prioritize individual liberty too much; and (perhaps most importantly) allocate the exclusive (or near-exclusive?) [read post]
4 Jul 2023, 6:00 am
ICWA may well be good for tribes – that I will defer to the tribes and its members like Allread—but I cannot imagine that Brackeen and Navajo Nation’s expansion of Congressional power can be good for them in the long run. [read post]
3 Jul 2023, 11:14 am
While many of us are still thinking and learning about how the June 29, 2023 Supreme Court decision overturning affirmative action in college admissions will impact the broader nonprofit sector, here are thoughts from the majority opinion, dissents, and others regarding the two critical and, in my opinion, wrongfully and politically decided cases: Students for Fair Admissions Inc. v. [read post]
3 Jul 2023, 6:54 am
For the Fourth of July week, we thought we’d do something fun and probably a little weird. [read post]
3 Jul 2023, 6:45 am
” I co-authored an article on it long ago (“ Imagining The Improbable: Extraordinary Immigration Solutions For The Hapless And Hopeless “) and blogged about it here (“ Rendering unto the Immigration Caesars “) and here (“ Immigration Good Behavior — a Riddle Riddled with Riddles “). [read post]
3 Jul 2023, 6:30 am
It’s no secret that China is the world’s leading source of counterfeit goods. [read post]
3 Jul 2023, 6:00 am
Imagine that you’re a lawyer and somebody is able to steal confidential files or emails off your phone. [read post]
3 Jul 2023, 5:28 am
One can readily imagine the wildly differing conclusions that the Fifth Circuit and Second Circuit might reach in a challenge to a given policy, where the Supreme Court could then step in to resolve the split as it sees fit. [read post]
3 Jul 2023, 3:09 am
Absent such an agreement, the Practice contended that the doctors’ only option was to sell their shares on the open market—hardly a concession, since it’s difficult to imagine much of a public market for shares in a professional corporation that does not pay dividends. [read post]
2 Jul 2023, 1:10 pm
The High Court held Title VII requires an employer that denies a religious accommodation to show that the burden of granting that accommodation would result in substantially increased costs in relation to the conduct of its particular business, in this instance a business with more than half a million employees in over 31,000 postal facilities (.. so, hard to imagine the undue hardship). [read post]
2 Jul 2023, 8:30 am
“That school changed my life in ways I could have never imagined. [read post]
1 Jul 2023, 11:42 am
This gives the student a false sense of security and they sometimes feel that the process is so relaxed that they can’t imagine the worst happening. [read post]
1 Jul 2023, 7:22 am
Imagine navigating through traffic without being able to see these zones… scary, huh? [read post]
1 Jul 2023, 6:15 am
The Legal Theory Bookworm recommends Justice and Human Rights in the African Imagination: We, Too, Are Humans by Chielozona Eze. [read post]
30 Jun 2023, 5:50 pm
” I co-authored an article on it long ago (“Imagining The Improbable: Extraordinary Immigration Solutions For The Hapless And Hopeless“) and blogged about it here (“Rendering unto the Immigration Caesars“) and here (“Immigration Good Behavior — a Riddle Riddled with Riddles“). [read post]
