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Siegel on History and Tradition
30 Apr 2024, 12:25 pm by Lawrence Solum
We see this logic in Dobbs v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Can a Public High School Punish a Student for Asking a Question that Refers to “Illegal Aliens”? Part Two in a Two-Part Series
29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
In Part One, we laid out the larger First Amendment framework in which the dispute might be located and discussed how the Court’s language and reasoning in Hazelwood School District v. [read post]
Verdict - http://verdict.justia.com/
Preemption Via the Spending Power in the Idaho Abortion Case
29 Apr 2024, 4:00 am by Michael C. Dorf
That's why cases like South Dakota v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Siegel on "History and Tradition" as the Right's "Living Constitutionalism"
28 Apr 2024, 9:30 pm by ernst
We see this logic in Dobbs v. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
“The Republican Justices Do Not Want to Talk About Donald Trump’s Coup Attempt; Trump v. United States is the last, best chance to hold the ex-president accountable for trying to steal the last election before the next one takes place; The Republican justices understand that their job is to talk about anything else”
26 Apr 2024, 10:25 am by Howard Bashman
“The Republican Justices Do Not Want to Talk About Donald Trump’s Coup Attempt; Trump v. [read post]
How Appealing - http://howappealing.abovethelaw.com
Week in Review
25 Apr 2024, 9:30 pm by The Regulatory Review
The regulation is part of an effort to preserve the reproductive rights of women in the aftermath of the overturning of Roe v. [read post]
RegBlog - https://www.theregreview.org/
[Josh Blackman] Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation
25 Apr 2024, 4:12 pm by Josh Blackman
I later expanded on this theme in a New York Times guest essay published before the impeachment trial started. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Update: The final briefs before the Trump immunity case arguments
22 Apr 2024, 2:18 pm by Scott Bomboy
Back on March 12, 2024, Constitution Daily reported on the initial briefs in Trump v. [read post]
Constitution Daily - https://constitutioncenter.org/blog
“The GOP’s Worst Fears About the End of Roe v. Wade Have Come True; Republicans were quick to wave away the political consequences; Now that they’ve arrived, they have no answers”
22 Apr 2024, 6:20 am by Howard Bashman
“The GOP’s Worst Fears About the End of Roe v. [read post]
How Appealing - http://howappealing.abovethelaw.com
Rozenshtein on the Ambiguity of Section 230
18 Apr 2024, 12:25 pm by Lawrence Solum
Here is the abstract: As evidenced by the confusion expressed by multiple Justices in last Term’s Gonzalez v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Alicea on the Natural Law Movement in Constitutional Theory
17 Apr 2024, 8:55 am by Lawrence Solum
v=Mfs18Fm_yGk Highly recommended. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Zipursky & Takhshid on Unconscionability and Consumer Protection
16 Apr 2024, 12:25 pm by Lawrence Solum
But as we illustrate in this essay, that answer will be a catastrophe for consumers, just as it was in Concepcion. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Week in Review
11 Apr 2024, 9:48 pm by Hugh Rennie
Supreme Court decision in West Virginia v. [read post]
RegBlog - https://www.theregreview.org/
Miller on Reasoning by Analogy and Bruen
10 Apr 2024, 4:30 am by Lawrence Solum
Nowhere is this phenomenon more evident than in the Court’s 2022 decision in New York State Rifle and Pistol Association v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Rethinking Standing to Litigate a Chilling Effect in Abortion Cases and Beyond
10 Apr 2024, 4:00 am by Michael C. Dorf
As SCOTUS explained in Sec'y of State of Md. v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
“Sam Alito’s Dobbs Opinion Has Somehow Aged Even Worse Than You Expected; The majority in Dobbs argued that Roe v. Wade didn’t ‘work’; A new amicus brief demonstrates that Dobbs doesn’t ‘work,’ either — and that the status quo is far worse”
8 Apr 2024, 2:42 pm by Howard Bashman
Dennie has this essay online at Balls and Strikes. [read post]
How Appealing - http://howappealing.abovethelaw.com
Who Trusts the Intelligence Community?
4 Apr 2024, 9:01 pm by Joseph Margulies
I was lead counsel in Rasul v. [read post]
Verdict - http://verdict.justia.com/
[Eugene Volokh] Journal of Free Speech Law: "Lies and the Law and Introduction," by Prof. Genevieve Lakier
4 Apr 2024, 5:01 am by Eugene Volokh
The Court's last word on the subject—its 2012 plurality opinion in Alvarez v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Peer Review, Protocols, and QRPs
3 Apr 2024, 4:08 pm by admin
”[7] Indeed, Goodstein’s essay in the Reference Manual characterizes the ability of peer review to warrant study validity as a “myth”: “Myth: The institution of peer review assures that all published papers are sound and dependable. [read post]
Tortini - http://schachtmanlaw.com/blog/
Was Constitutional Law Teaching Ever Not in Crisis? (Guest post by Patrick J. Sobkowski)
3 Apr 2024, 4:00 am by Michael C. Dorf
In Brown v. [read post]
Dorf on Law - http://www.dorfonlaw.org/