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26 Oct 2022, 7:40 am by David Bernstein
Given that the driving force behind affirmative action was and pretty clearly continues to be the felt need to redress the effects of long-term discrimination and worse against African Americans, I wonder if we would have been better off if Powell, instead of adopting the diversity rationale, had adopted Marshall's opinion, but still held the UC Davis quota program unconstitutional to the extent it included Mexicans and Asians. [read post]
19 Oct 2022, 2:00 am by Paul Caron
David Gamage (Indiana; Google Scholar) & Darien Shanske (UC-Davis; Google Scholar), Phased Mark-to-Market for Billionaire Income Tax Reforms, 176 Tax Notes Fed. 1875 (Sept. 19, 2022): In this installment of Academic Perspectives on SALT, Gamage and Shanske advocate for phased mark-to-market as a mechanism for reforming the taxation of investment... [read post]
16 Oct 2022, 9:02 pm by Vikram David Amar
” In context, this word generally (as in Articles I and II) means a state’s lawmaking system—as the Supreme Court has repeatedly held in a century-old line of cases from Ohio ex rel Davis v. [read post]
16 Oct 2022, 6:00 am by Lawrence Solum
Constitutional Facts David modeled his notion of legislative facts on the already-existing category of constitutional facts. [read post]
3 Oct 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
At a recent event in New York, Justice Elena Kagan reportedly expressed some reservations about doctrinal changes that are attributable to the arrival of new Justices who change the makeup of the Court. [read post]
23 Sep 2022, 8:00 am by Gene Takagi
” Washington PostTop 10 Nonprofit Tweets: David Fahrenthold: NEW: Prosecutors charge 47 people in Minnesota with fraud on a staggering scale: they allegedly stole $240 million from federal food-aid programs during the pandemic. [read post]
19 Sep 2022, 6:30 am by Guest Blogger
[4] David Landau, “Abusive Constitutionalism,” University of California Davis Law Review (2013) 47: 189; Kim Lane Scheppele, “Autocratic Legalism,” University of Chicago Law Review (2018) 85: 545 [read post]
18 Sep 2022, 1:26 pm by David Bernstein
On Thursday at 3pm ET, I will be participating in a virtual discussion with economist Glenn Loury of Boston University and Washington University law school's Adrienne Davis. [read post]
16 Sep 2022, 5:14 am by Andrew Lavoott Bluestone
  Carasco v Schlesinger   2022 NY Slip Op 33021(U)  September 8, 2022 Supreme Court,  New York County Docket Number: Index No. 156729/2019,  Judge: David B. [read post]
14 Sep 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
And the other, Amar, has, as Dean, been on the hiring committee at Illinois for each of the past eight years, and for the several years prior to that on the hiring committee at the UC Davis Law School, a peer institution, as its Senior Associate Dean for Academic Affairs. [read post]
11 Sep 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
The past term at the Supreme Court will certainly be known for the Dobbs decision overruling Roe v. [read post]
8 Sep 2022, 3:05 pm by bndmorris
Richard Murphy’s article Enhancing the Role if Public Interest Organizations in Rulemaking via Pre-Notice Transparency was cited in the following article: David A. [read post]
6 Sep 2022, 2:10 pm by Matt Gluck, Tia Sewell, Claudia Swain
  Jessica Davis and Elena Martynova analyzed the various ways in which the Jan. 6 insurrectionists financed the attack, as well as their legal defenses following it, and how this information might be useful in preventing their access to this funding going forward. [read post]
6 Sep 2022, 2:01 pm by Katherine Pompilio
Treasury Department; Craig Kennedy, center associate at the Davis Center for Eurasian and Russian Studies at Harvard University; Ed Morse, head of commodities research at Citi Group; and David Wessel, Brookings senior fellow. [read post]