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1 Mar 2024, 6:10 am by Federica Paddeu
It is telling that States that frequently take restrictive measures against perceived violators of erga omnes obligations – including against Russia’s aggression – are among those that reject, doubt, or have remained silent on the permissibility of these measures. [read post]
28 Feb 2024, 4:00 am by Eric Segall
The four conservatives on the Court other than Thomas were content to just tell Congress it needed to update the law. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
While Adkins was important in the development of American feminisms, however, the case tells us very little about the [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
Entire law firms tell rightsowners: let me have the right to enforce and I’ll cut you a check every month. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
  His “primary aim” is to place “the jurisprudence of the Taft Court within the cultural context of its decade,” he tells us. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
But when we have a statute with the common law model baked in—tells you very little about what it means to violate the rights at issue—the Justices now have a very different idea of what they’re doing, and they think they’re doing textualism even when the statute is misfitted to that, they don’t have the toolkit to do the common law reasoning. [read post]
22 Feb 2024, 2:01 pm by Melody McDonald Lanier
“I can tell you that I have seen a lot of things in the last 50-plus years,” he said.Some of the experiences that stand out, he said, include not having a single minority on any of his juries from 1976 to 1986 because prosecutors used their preemptory strike to dismiss minority jurors – a practice now unconstitutional thanks in part to the Batson v. [read post]