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For one thing, in neither case did the petition present the question whether to re-examine the practice of treating Title VI and the Equal Protection Clause as co-extensive. [read post]

Verdict - http://verdict.justia.com/

E Unum Pluribus: Comparative Textualism & Constitutional Faiths

2 Aug 2022, 6:30 am by Guest Blogger

For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s environmental… [read post]

Balkinization - http://balkin.blogspot.com/

The end of the “End of History” era (319)

31 Jul 2022, 5:53 am by Bill Henderson

Bush (Reagan’s VP) spoke the words, “read my lips: no new tax,” which helped him defeat Michael Dukakis in the general election. [read post]

Legal Evolution - https://www.legalevolution.org/

How to Evaluate Progress in the Justice Department's Jan. 6 Investigation

27 Jul 2022, 4:15 pm by Quinta Jurecic, Natalie K. Orpett, Peter Strzok, Benjamin Wittes

On Tuesday evening, July 26, the Washington Post broke the news that the Justice Department is investigating the actions of President Donald Trump in connection with its criminal probe into the Jan. 6 insurrection. [read post]

Lawfare - http://www.lawfareblog.com/

Regulatory History by the Book, by Richard R. John

27 Jul 2022, 10:35 am by Guest Author

*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

“Pro-Life”: Delta Variant

25 Jul 2022, 9:01 pm by Sherry F. Colb

Her most recent book, Beating Hearts: Abortion and Animal Rights (co-authored with Michael C. [read post]

Verdict - http://verdict.justia.com/

Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”

20 Jul 2022, 6:43 am by Michael Geist

Beyond the court’s affirmation of a single act and a single royalty, the case can also be read as a re-affirmation of the purpose of the Copyright Act. [read post]

Michael Geist's Blog - http://www.michaelgeist.ca