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7 May 2023, 6:00 am by Lawrence Solum
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
23 Apr 2023, 6:36 pm by Josh Blackman
Concerning private pacts, Biskupic does a flashback to NFIB v. [read post]
15 Apr 2023, 7:27 pm by Kalvis Golde
The district court regarded itself as bound by a 2014 ruling by the U.S. [read post]