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11 Apr 2020, 4:00 am
4/11/1862: Chief Justice Charles Evans Hughes's birthday. [read post]
10 Apr 2020, 2:43 pm
Thanks to Josh Blackman for the pointer. [read post]
10 Apr 2020, 4:00 am
4/10/1967: Loving v. [read post]
9 Apr 2020, 12:16 pm
Gore).In short-fuse election law cases, however, there’s nothing unusual with the decision to issue an order or an opinion related to an order without identifying the author.UPDATE: Josh Blackman has similar thoughts here. [read post]
9 Apr 2020, 10:54 am
[Because applications for stay decided without oral argument are (in my experience) always unsigned, per curiam decisions.] [read post]
9 Apr 2020, 7:34 am
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
9 Apr 2020, 5:00 am
[Eight 5th Circuit judges already found that 18 U.S.C. 922(o) would be unconstitutional with respect to the local possession of bump stocks] Part I in this series explained that Congress does not have a general police power. [read post]
9 Apr 2020, 4:00 am
4/9/1923: Adkins v. [read post]
8 Apr 2020, 2:18 pm
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
8 Apr 2020, 10:09 am
Following on Dan's post about the Tuesday's Texas abortion case and courtesy of Josh Blackman, there is FN 19 of the opinion: Although not necessary to our decision, we note that the district court purported to enjoin GA-09 as to all abortion providers in Texas. [read post]
8 Apr 2020, 5:00 am
[The statute that authorizes the bump stock regulation lacks a jurisdictional hook] Part I in this series explained that Congress does not have a general police power. [read post]
8 Apr 2020, 4:00 am
4/8/1952: President Truman signs executive order 10340. [read post]
7 Apr 2020, 10:37 pm
[It is anachronistic to retroactively graft modern Supreme Court precedents onto Progressive Era Precedents] Two prominent decisions in the past week turned on Supreme Court jurisprudence from 1905: Jacobson v. [read post]
7 Apr 2020, 1:46 pm
But I am far less optimistic about it than enthusiasts like co-blogger Josh Blackman—at least not when it comes to large interactive classes. 1. [read post]
7 Apr 2020, 9:26 am
[Would the state have a compelling interest to forcibly separate families to flatten the curve?] [read post]
7 Apr 2020, 9:09 am
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
7 Apr 2020, 5:30 am
[21 High School teams from across the country presented oral arguments in Espinoza v. [read post]
7 Apr 2020, 5:00 am
[The Commerce and Necessary and Proper Clauses give Congress the power to prohibit the possession of certain items] Part I in this series rejected the notion that the federal government has an inherent "police power" to seize property without providing just compensation. [read post]
7 Apr 2020, 4:00 am
4/7/1969: Stanley v. [read post]
6 Apr 2020, 5:43 pm
Josh Blackman has this post at The Volokh Conspiracy. [read post]