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3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
2 Feb 2024, 8:50 am by Eugene Volokh
Somewhat surprisingly, the Anderson plaintiffs appear to accept this framing, insisting (at page 46 of their brief) that the Electors Clause "gives the states 'far-reaching authority' to run presidential elections, 'absent some other constitutional constraint'" (quoting Chiafalo v. [read post]
2 Feb 2024, 2:30 am by Will Baude
But the occasion of the Colorado Supreme Court's decision in Anderson v. [read post]
29 Dec 2023, 2:52 pm by Eugene Volokh
Feb. 15, 2022) (concluding that characterizing a statement from a student's Facebook page as "virulently racist" and "disturbingly xenophobic" was non-verifiable opinion); Dodge v. [read post]
16 Oct 2023, 7:37 am by ESTHER NEVILLE CASTRO
The 2016 Hoffman v L&M Arts case is a notable example of the delicate balance between personal privacy and the required transparency in the art market. [7] The main focal point of the case is the well-known Mark Rothko painting, called “Red Rothko” formerly owned by Marguerite Hoffman, the plaintiff. [read post]
20 Sep 2023, 5:29 am by Andrew Lavoott Bluestone
The 23-page memorandum is a discussion of the law regarding David’s position that the Side Agreement is valid. [read post]