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18 Nov 2023, 9:21 am
” [TAFS = Trump-appointed Federalist Society judge.] [read post]
10 Oct 2015, 8:41 am
This finding is especially surprising given that "locking the door and throwing away the key" has, as one of its benefits, the complete removal of someone who has shown the clear disposition to commit crime from society. [read post]
2 Sep 2022, 12:30 pm
Co-hosted by the Federalist Society and the American Constitution Society, the event will focus on the Montana Supreme Court and will feature Natasha Prinzing Jones of Boone Karlberg P.C. [read post]
30 Nov 2012, 11:48 pm
NORTHERN IRELAND LAW QUARTERLY THE VALUE OF EVIDENCE IN LAW Peter Tillers Vol. 39 No. 2 Summer 1988 THE VALUE OF EVIDENCE IN LAW* … [read post]
18 May 2023, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Constitutional Crises, convened as part of LevinsonFest 2022. [read post]
26 Jan 2023, 8:00 am
Copies of The Federalist were often shipped abroad by the United States Government. [read post]
17 Aug 2014, 1:22 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
Dobbs v. Jackson Women’s Health Organization: The Supreme Court Is No Safe Haven for Abortion Rights
9 Dec 2021, 9:01 pm
Kavanaugh’s motives were transparent—he wants to get rid of abortion (maybe more to prove his Federalist Society bona fides than because he holds principles of any kind) without losing even more standing in polite society than he lost during his contentious confirmation hearings. [read post]
1 Nov 2015, 3:53 am
If the constitution of a country collapses, or if its authority is seriously challenged, ordinary law loses its power to command and society itself is propelled toward anarchy. [read post]
27 Mar 2024, 3:39 pm
Our constitutional order contains an “anti-power-accumulation principle. [read post]
12 Aug 2011, 2:55 am
Over at the Volokh Conspiracy Kurt Lash (here, here, here and here); and Neil Siegel (here, here, here, and here), have been discussing the constitutional theory of enumerated powers, and, in particular Lash's new article on SSRN challenging my views about the commerce clause. [read post]
15 Aug 2013, 8:10 am
.); torts teaches both the substantive law of civil wrongs (and common law reasoning) and the policy contexts in which our society determines its choices for allocating risk and responsibility for actions that produce remediable harm. [read post]
26 Sep 2022, 6:30 am
Perhaps Montesquieu was right after all, that a republican government—or what today we might call “liberal democracy”—is possible only within a small and homogeneous society. [read post]
25 Oct 2022, 6:30 am
For the Balkinization symposium on James E. [read post]
20 Sep 2022, 9:22 am
Structural Problems With the Opinion This section highlights six structural problems with the opinion: The Indeterminate Universe of “Social Media Platforms” Treating Private Action Like State Action Denigrating the Constitutional Importance of Curation Congress Can’t Circumscribe Constitutional Rights The Judge Mangles Zauderer and NIFLA (With a bonus note about the problems of Trump’s Federalist Society judges). [read post]
23 Oct 2016, 3:54 pm
The Constitution also explicitly delegates power to the states vis-à-vis the very functioning of the federalist system. [read post]
9 Feb 2024, 1:28 pm
See Federalist No. 37 (Madison) (discussing liquidation). [read post]
2 Jul 2018, 5:21 am
’” Jess Bravin reports for the Wall Street Journal that a few weeks before announcing his retirement, Kennedy “talked about judicial vacancies with the man assigned to find his successor,” Leonard Leo, the “Federalist Society leader upon whom President Donald Trump relies when it comes to picking judges. [read post]
8 Feb 2025, 9:05 pm
In 2022, the Federalist Society awarded him the Joseph Story Award, recognizing his leadership as a scholar and professor. [read post]
23 Aug 2022, 4:49 am
Marble Freedom is led by Leonard Leo, the co-chairman of the conservative Federalist Society, who advised former President Trump on his Supreme Court picks and runs a sprawling network of other right-wing nonprofits that don’t disclose their donors. [read post]