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3 May 2020, 7:58 pm
[More unanticipated consequences from Republican National Committee v. [read post]
3 May 2020, 6:58 am
Professor Josh Blackman has an excerpt about restrictions on religious assemblies due to the coronavirus pandemic:The balance is more difficult when it comes to in-person services. [read post]
3 May 2020, 4:00 am
5/2/1802: Washington D.C. incorporated as the capital of the United States. [read post]
2 May 2020, 9:50 pm
[Liquor Stores may be "life-sustaining," but houses of worship are "soul-sustaining"] Yesterday, a per curiam Sixth Circuit panel (Sutton, McKeague, and Nalbandian) decided Maryville Baptist Church v. [read post]
2 May 2020, 1:07 pm
[Further thoughts on the Tucker Act and Federal Question Jurisdiction] Last week I posed a question: "can a plaintiff seek compensation for an unconstitutional taking, without relying on the Tucker Act's jurisdiction–if not under the Takings Clause, perhaps under some theory of tort. [read post]
2 May 2020, 4:00 am
5/2/1927: Buck v. [read post]
1 May 2020, 4:00 am
5/1/1871: Knox v. [read post]
30 Apr 2020, 4:00 am
4/30/1789: President Washington's inauguration. [read post]
29 Apr 2020, 4:00 am
4/29/1745: Chief Justice Oliver Ellsworth was born. [read post]
28 Apr 2020, 1:44 pm
[The Chief Justice will go first, then Justice Thomas will waive his time, then Ginsburg, Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh] Today the Supreme Court announced how it will handle oral arguments during the telephonic sessions next week: At 10 a.m., the Justices will enter the main conference call, and the Marshal of the Court, Pamela Talkin, will cry the Court. [read post]
28 Apr 2020, 11:20 am
[Remember the Iowa Caucus app and HealthCare.gov?] [read post]
28 Apr 2020, 10:24 am
[Four justices have signaled they are ready to take a 2nd Amendment case. [read post]
28 Apr 2020, 5:00 am
Usually, I prepare the supplement for the Barnett/Blackman casebook in July and August. [read post]
28 Apr 2020, 4:00 am
4/28/2015: Obergefell v. [read post]
27 Apr 2020, 3:15 pm
[In NYS Rifle & Pistol, Justice Kavanaugh cited his dissent from Heller II (CADC 2011). [read post]
27 Apr 2020, 1:57 pm
[Congratulations to Jessica Livsey, my research assistant, for her tireless work] I am very proud of Jessica Livsey, my former student and research assistant. [read post]
27 Apr 2020, 1:44 pm
[Can a plaintiff seek compensation for an unconstitutional taking, without relying on the Tucker Act's jurisdiction? [read post]
27 Apr 2020, 11:21 am
[Chief Justice Roberts and Justice Thomas disagree about the value of separate writings in Georgia v. [read post]
27 Apr 2020, 4:00 am
4/27/1822: President Ulysses S. [read post]
27 Apr 2020, 3:15 am
” [Lola Fadulu, New York Times] Split Sixth Circuit panel rules that Due Process Clause of the Fourteenth Amendment protects a fundamental right to a “basic minimum education,” a holding that seems unlikely to survive Supreme Court review given such precedents as Rodriguez, Glucksberg, and DeShaney [Jonathan Adler, Josh Blackman] Tags: copyright, COVID-19 virus, disability & schools, school lunch, schools, Sixth Circuit [read post]