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26 Feb 2024, 3:37 am
Or to put it another way, the Supreme Court has been making what I consider to be bad law for generations. [read post]
24 Feb 2024, 6:30 am
“If there is a single theme that threads its way throughout this volume, it is how the Court’s seemingly technical doctrines were fashioned in continuous dialogue with the popular preoccupations of its era” (xxv). [read post]
23 Feb 2024, 9:05 pm
In the same way that the Food and Drug Administration places marketing restrictions on tobacco companies to safeguard public health, the FTC should prevent sports gambling firms from misleading bettors, proposes Eisenshtadt. [read post]
23 Feb 2024, 1:14 pm
To support this argument that they are merely regulating the platforms’ conduct, the states point to Supreme Court cases holding, for example, that shopping malls must allow high school students to solicit signatures for a political petition, and that a federal law requiring law schools to choose between providing military recruiters with access to their campuses and forfeiting federal funding does not violate the First Amendment. [read post]
23 Feb 2024, 7:30 am
Barnette in invalidating a compulsory flag salute in public schools) into First Amendment commitments protecting against governmental compulsion of an orthodoxy in 303 Creative. [read post]
23 Feb 2024, 7:17 am
” But, as they say in the theater, a funny thing happened on the way to the forum. [read post]
23 Feb 2024, 3:00 am
National/Federal The Quiet Way Democrats Hope to Expand Their Power at the State Level DNyuz – Nick Corasaniti (New York Times) | Published: 2/20/2024 Locked out of power on the U.S. [read post]
22 Feb 2024, 1:48 pm
Moreover, many of the decisions on these topics predate the changed composition of the Supreme Court and federal judiciary more broadly in the aftermath of the Trump Administration. [read post]
22 Feb 2024, 9:38 am
Oppenheimer wanted to discuss my various writings about naming controversies in 2020, all of which I later gathered into an essay published in the University of Florida law school's Journal of Law & Public Policy. [read post]
22 Feb 2024, 6:30 am
” (1442) Whereas in the labor context, Taft believed popular opinion should be ruthlessly opposed by legal enforcement, in the race context, he believed law must give way to public opinion, including Southern white racism. [read post]
21 Feb 2024, 9:01 pm
I’ve spent most of my professional life in the Justice Department — joining fresh from law school to work for Attorney General Janet Reno, the first woman Attorney General (it took us more than 200 years to hit that milestone) — and later serving as a federal prosecutor in Washington, D.C. [read post]
21 Feb 2024, 5:51 pm
But from a public interest or constitutional perspective, it's a bad way for laws to work. [read post]
21 Feb 2024, 9:00 am
The Insurrection Act has been invoked for a variety of purposes, including the breaking of the Pullman Strike in 1894, to help integrate public schools and universities, to control racial unrest, and to enforce a variety of state and federal laws. [read post]
21 Feb 2024, 6:16 am
(The denial of a challenge to the admissions policy at a prestigious public magnet school in northern Virginia is covered in a separate story.) [read post]
20 Feb 2024, 9:01 pm
And if people who are pregnant have no federal constitutional right to an abortion, then there is no direct federal-state conflict if a state were to recognize fetal personhood. [read post]
20 Feb 2024, 10:58 am
In some ways we even surprised ourselves. [read post]
20 Feb 2024, 9:37 am
Avoiding new fossil fuel plants today will benefit public health and the climate in ways Austinites can enjoy for decades. [read post]
20 Feb 2024, 6:30 am
Taft’s solution: No longer would the concerts be open to the public. [read post]
19 Feb 2024, 6:49 am
Here at Marquette Law School—whether driven by a particular practice area, an aspect of students’ personal identity, or a legal philosophy—student-run organizations offer a way for future Marquette lawyers to build connections with their peers and beyond. [read post]
18 Feb 2024, 6:30 am
These included regulations related to rates and charges for businesses with a public interest, contracts for public work, payment of wages, and hours of labor for health and safety reasons. [read post]
