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5 Mar 2024, 4:00 am
I was not surprised by the outcome or even the unanimity of the result in Trump v. [read post]
4 Mar 2024, 12:47 pm
Concluding that it4 TRUMP v. [read post]
3 Mar 2024, 12:24 pm
[Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.] [read post]
The Recalibration of Colonel Brock: D.C. Circuit Ruling for J6 Rioter Could Impact Hundreds of Cases
3 Mar 2024, 4:01 am
Here is the opinion: United States v. [read post]
29 Feb 2024, 7:15 pm
Samantha Barbas, Actual Malice: Civil Rights and Freedom of the Press in New York Times v. [read post]
28 Feb 2024, 4:05 pm
Part C will examine the existing legal scholarship on how constitutional law intersects with the rights of transgender people. [read post]
28 Feb 2024, 2:06 pm
An essay by John McGinnis, “The Rise and Fall of Chevron,” recently caught my eye. [read post]
27 Feb 2024, 10:30 am
Pott v. [read post]
27 Feb 2024, 6:05 am
Former President Donald Trump has promised voters that, if re-elected, he would “immediately” invoke the Alien Enemies Act to effect mass deportations of non-citizens from Mexico. [read post]
26 Feb 2024, 11:38 pm
Paxton and Moody v. [read post]
26 Feb 2024, 6:30 am
That is the way it would remain until the NAACP flexed its political muscle to defeat Hoover’s nomination of John J. [read post]
24 Feb 2024, 6:30 am
Then the solidly and increasingly conservative George Sutherland replaced the progressive John Clark, an event that proved to be “a significant turning point” (39) and “steered the Court sharply to the right” (45). [read post]
22 Feb 2024, 2:04 pm
This is the second part of our response to Professor John Mikhail's Balkinization post. [read post]
22 Feb 2024, 12:08 pm
It is clear from the Court’s order of 26 January that the State of Israel shall refrain from military operations that carry a real and imminent risk of physical destruction of a substantial part of the Palestinian people as a whole. [read post]
20 Feb 2024, 9:01 pm
In short, the court concluded in LePage v. [read post]
20 Feb 2024, 2:16 pm
For example, in Smith v. [read post]
19 Feb 2024, 8:57 am
Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]
17 Feb 2024, 11:36 am
From Teising v. [read post]
17 Feb 2024, 6:30 am
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
16 Feb 2024, 12:30 pm
Note: Compare with Dick Heller of Heller v. [read post]