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Ecclesiastical court judgments – March

28 Mar 2024, 2:21 am by David Pocklington

I grant the faculty as prayed. [read post]

Law & Religion UK - https://lawandreligionuk.com

Rediscovering and Realizing the Anti-Power-Concentration Principle, by Kevin Frazier

27 Mar 2024, 3:39 pm by Guest Author

Yet, it does not justify an interpretation of the Constitution that tolerates let alone sustains corporate infringement of individual rights and encroachment on governmental powers. [read post]

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

Agency Action, Agency Failure to Act, and Universal Relief in Corner Post v. Board of Governors of the Federal Reserve System, by John Harrison

25 Mar 2024, 1:15 pm by Guest Author

I’m not certain that that’s right, but I think that’s possible. [read post]

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

Justices appear sympathetic to insurance company in asbestos bankruptcy

20 Mar 2024, 11:24 am by Ronald Mann

Some of the justices (including Chief Justice John Roberts) would worry in that case about transgressing the bounds of Article III, though others (Justices Sonia Sotomayor and Neil Gorsuch) seemed to think there were easy ways to avoid that problem. [read post]

SCOTUSblog - http://www.scotusblog.com/

Outlive by Peter Attia: A Book Review

5 Mar 2024, 5:00 am by Bobby Stroup

The Finale Limitations Part III of the book takes the problems defined in Parts I and II and begins to apply tactical solutions. [read post]

Bill of Health - https://blog.petrieflom.law.harvard.edu/

[Josh Blackman] Part II – A Response to Professor Jed Shugerman on Slate in 2017, and his most recent 2024 Tweet Thread(s), About The 1793 Hamilton Document!

3 Mar 2024, 12:24 pm by Josh Blackman

Contra Shugerman, it does not matter if Congress authorized ad [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] Netflix Wins Lawsuit Over 13 Reasons Why, on Statute of Limitations Grounds

27 Feb 2024, 10:30 am by Eugene Volokh

Argument I. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Taft Court: Law, History, and the Jurisprudence of Federalism

24 Feb 2024, 6:30 am by Guest Blogger

I. [read post]

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

[Josh Blackman] A Response to Professor John Mikhail on "Officers of the United States"—Part II

22 Feb 2024, 2:04 pm by Josh Blackman

Part I can be found here. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] A Response to John Mikhail on "Officers of the United States"—Part I

20 Feb 2024, 2:16 pm by Josh Blackman

[Blackman & Tillman,] Part III, supra, at 424–28. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Griffin's Case (1869) and The Enforcement Act of 1870

19 Feb 2024, 8:14 am by Josh Blackman

This bill does no more. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Legal Theory Lexicon: Possibility and Necessity

18 Feb 2024, 6:00 am by Lawrence Solum

When I use the word "modality" in this post, I am simply referring to the general concept that includes both necessity and possibility in all their forms. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions

16 Feb 2024, 12:30 pm by John Ross

Man: My offenses are no longer crimes of violence, so I'm due for some new sentences. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Marijuana: Top Ten Reasons for Descheduling, Rescheduling or Not

11 Feb 2024, 6:40 pm by Kurt R. Karst

HHS’ recommendation noted that marijuana “does not produce serious outcomes compared to drugs in Schedules I or II” and “the vast majority of individuals who use marijuana are doing so in a manner that does not lead to dangerous outcomes to themselves or others. [read post]

FDA Law Blog - https://www.thefdalawblog.com/

[Josh Blackman] Why Does The Phrase "Not Herein Otherwise Provided For" Appear In The Appointments Clause?

10 Feb 2024, 11:12 pm by Josh Blackman

Tillman and I discuss this history in depth in Part III of our series (pp. 387-390): The drafting history of the Appointments Clause is, admittedly, complex. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Protected Persons and the ‘Geographic Nexus’ Requirement in the DoD Law of War Manual

6 Feb 2024, 5:22 am by Eliav Lieblich

In particular, the requirement is drawn from the language of the titles of sections of GCIV which deal with Protected Persons: for instance, Part III, Section I of GCIV, addresses “Provisions Common to the Territories of the Parties to the Conflict and to Occupied Territories”; and Section II – which includes inter alia provisions relating to internees –is entitled “Aliens in the Territory of a Party to The Conflict. [read post]

Just Security - https://www.justsecurity.org/

Breaching A Prenuptial Agreement In Illinois

3 Feb 2024, 8:34 am by Russell Knight

John Heart Clinic, S.C., 225 Ill. 2d 52, 70 (2006) A material breach is a big breach. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

The Fulton County Disqualification Allegations: Myths, Facts and Unknowns

30 Jan 2024, 6:00 am by Norman L. Eisen

I. [read post]

Just Security - https://www.justsecurity.org/

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

See John Randolph Tucker, General Amnesty, 126 N. [read post]