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18 Aug 2023, 4:30 am by Michael C. Dorf
But at least Justice Holmes acknowledged that "[o]f course an employee of the United States does not secure a general immunity from state law while acting in the course of his employment. [read post]
14 Aug 2023, 4:00 am by Eric Segall
Section 3 says the following:No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution… [read post]
9 Aug 2023, 2:28 pm by Deirdre Schifeling
Paid for by American Civil Liberties Union, Inc. in coordination with Ohioans United for Reproductive Rights. [read post]
8 Aug 2023, 2:01 pm by Laurence H. Tribe
Among other things, it completely disregards the role of the Electoral Count Act – and, even more fundamentally, of Article II of the Constitution in empowering Congress to set the “Time of chusing the Electors, and the Day on which they shall give their Votes, which Day shall be the same throughout the United States. [read post]
6 Aug 2023, 10:00 pm by Merpel McKitten
The book’s 702 pages are chock full of the latest developments in IP law, along with the occasional assertion of 20–20 hindsight commemorating the 20 years of IPKat history. [read post]
1 Aug 2023, 8:22 pm by Josh Blackman
I have now had a chance to read the entire 45-page indictment in United States v. [read post]
31 Jul 2023, 10:23 am by Eugene Volokh
As an example, only one month ago, the United States Supreme Court issued a well written 237-page joint opinion with vastly divergent views in two cases known widely as the Affirmative Action decisions. [read post]
31 Jul 2023, 4:00 am by Eric Segall
Once again, preferences and politics, not law, were the coins of the realm at the United States Supreme Court.Despite the conservative justices' rhetorical embrace of public meaning originalism, the reality is that constitutional litigation almost always involves the balancing of important and conflicting values. 303 Creative v. [read post]
29 Jul 2023, 11:56 pm by Frank Cranmer
Religious freedom in the EU: a US perspective The United States Commission on International Religious Freedom (USCIRF) has released an Issue Update: Religious Freedom Concerns in The European Union. [read post]
27 Jul 2023, 11:42 pm by Kevin
See, e.g., “United States v. 1855.6 Pounds of American Paddlefish Meat” (Nov. 14, 2018), and the sequel, “Update: The Paddlefish Defendants Are Now for Sale (Jan. 28, 2019). [read post]
27 Jul 2023, 6:45 am by Eugene R. Fidell
IMAGE: The United States Capitol (via Getty Images) The post The House Closed a Key Loophole in Court-Martial Appeals; Will the Senate Follow? [read post]