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17 May 2023, 6:30 am
Crises of constitutional infidelity have been exceedingly rare in American history, or least so I have argued. [read post]
17 May 2023, 6:00 am
Last February, we noted that several legal historians would be participating in a University of Pennsylvania Law Review symposium on "The Disability Frame. [read post]
17 May 2023, 5:01 am
State constitutional conventions are a super fun slice of American history. [read post]
16 May 2023, 9:01 pm
But particularly in the context of current American politics, why in the world would Republicans want to give Biden such unimaginable power? [read post]
16 May 2023, 1:58 pm
” Universe Sales Co., Ltd. v. [read post]
16 May 2023, 11:19 am
Mugambi Jouet (University of Southern California Gould School of Law) has posted A History of Post-Roe America and Canada: From Intertwined Abortion Battles to American Exceptionalism (Michigan Journal of Gender & Law, Forthcoming) on SSRN. [read post]
16 May 2023, 5:01 am
-EV]] Yesterday I started these Baby Ninths posts (summarizing my new book, from University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters–available for free here) with a thought experiment about why we might want an "etcetera clause. [read post]
16 May 2023, 12:01 am
Under the Americans with Disabilities Act, there are standards that need to be met. [read post]
15 May 2023, 9:30 pm
Public Policy (Princeton University Press, 2022) (“TLE”).] [read post]
15 May 2023, 9:01 pm
(Imagine a law that says it shall be illegal to discriminate against Hispanic persons on the basis of their race but by its terms leaves everyone free to discriminate on the basis of race against non-Hispanics.)So if SB 403’s selective emphasis on South Asian (and Asian, African, and South American)—but not European or North American—cultures would be textually troubling to a reviewing court (which is at least a distinct possibility), then the presence of a few… [read post]
15 May 2023, 5:03 pm
GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, has published or updated a number of research guides recently:Foreign Law – Subject Law Collections on the WebIntroduction to the Norms and Institutions of the African UnionThe Amparo Context in Latin American Jurisdiction: An Approach to an Empowering ActionResearching International Food Law [read post]
15 May 2023, 8:00 am
In 2009 Sandy Levinson and I wrote an article in the University of Pennsylvania Law Review, which offered a typology of constitutional crises. [read post]
15 May 2023, 5:01 am
"] Thank you to Eugene and the rest of the Volokh Conspiracy for allowing me to post about my new book published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. [read post]
15 May 2023, 4:15 am
American innovation took off, and we regained our lead over our foreign competitors. [read post]
15 May 2023, 4:15 am
American innovation took off, and we regained our lead over our foreign competitors. [read post]
15 May 2023, 3:55 am
These eight parts support our position: in the Anglo-American legal tradition, the phrase “Office under the . . . [read post]
15 May 2023, 2:38 am
Biden alluded to former President Trump’s past statements to link him to racist elements in American society. [read post]
14 May 2023, 9:30 pm
Moore Distinguished Professor of Law in Jurisprudence and Ethics at the University of North Carolina School of Law, has published Lawyer, Jailer, Ally, Foe: Complicity and Conscience in America's World War II Concentration Camps (University of North Carolina Press):It is 1942, and World War II is raging. [read post]
14 May 2023, 6:56 pm
Increasingly that is measured by the extent of Chinese development of its own political and economic relations with Latin American and Caribbean states. [read post]
[Eugene Volokh] Anthony Sanders (Institute for Justice) Guest-Blogging About "Baby Ninth Amendments"
14 May 2023, 5:21 pm
Unenumerated rights are not a weird exception to American constitutional law. [read post]