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8 Jun 2022, 6:42 pm by Howard M. Wasserman
The court rejects Boule’s argument that a First Amendment retaliation claim is similar to the employment-discrimination claim the court allowed in Davis v. [read post]
7 Jun 2022, 10:32 am by Roger Parloff
In that statute, Congress exercised its power under Section 3 to lift the disabilities that the provision had imposed upon large categories of Confederate officers and officials—in essence, all but the highest-ranking ones, like Confederate president Jefferson Davis. [read post]
1 Jun 2022, 9:00 pm by Vikram David Amar
To be sure, as to the manner of such appointment, Article II does mention “legislatures,” but says only that state legislatures “may” direct such manner, not that state legislatures “shall” or “must” or “will” direct the manner. [read post]
31 May 2022, 6:43 am by familoo
It may be that in this regard Clibbery v Allan is now a dead letter and that Lykiardopulo was wrongly decided. [read post]
24 May 2022, 9:05 pm by Sabrina Minhas
Davis and his coauthors situate their argument for antiracist antitrust law in the context of Cung Le v. [read post]
23 May 2022, 7:07 pm by Guest Author
As Judge Davis noted in his dissenting opinion in Jarkesy, “nowhere does the majority explain how the ALJ’s tenure protections interfere with the President’s ability to execute the laws. [read post]
18 May 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
That was the knock, of course, on the infamous (and thoroughly discredited) Bush v. [read post]
17 May 2022, 10:43 am
  That does not solve the whole problem, but it does take care of a good large part of it. [read post]