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18 Dec 2018, 9:10 pm
Here is a quick update on the Iowa fetal heartbeat case. [read post]
10 Mar 2017, 6:31 am
To be sure, new technologies mattered. [read post]
4 Dec 2019, 8:09 am
*Justices DeWine, Fischer, and Kennedy would accept the case on all propositions of law. [read post]
2 Dec 2012, 12:07 pm
Applying Baker, Judge Jones held that the state's motion to dismiss the case should be granted in part, to the extent that the complaint was premised on the argument that same-sex couples have a right to marry as a matter of Equal Protection. [read post]
21 Sep 2022, 5:01 am
" As a descriptive matter, Weinstein is surely correct that elections are highly structured domains. [read post]
5 Aug 2022, 6:30 am
It is worth noting that our gathering occurred before the late-June blockbuster of the Court and, particularly with regard to Carol’s paper, its opinion in the Kennedy “praying coach” case. [read post]
10 Jan 2021, 7:27 am
A forged deed or contract is literally not worth the paper it is written on: no matter how much a third party relies on such a deed, it has no legal effect. [read post]
13 Jan 2025, 5:33 am
Kennedy, Jr., had he been around at the time. [read post]
4 Jul 2014, 10:43 am
”To put it in terms of the Wheaton College self-insured plan, in particular: The legal obligation for Blue Cross and Companion to reimburse Wheaton employees and students, respectively, for contraceptive services, without any payment from or involvement by Wheaton, would arise from the underlying law and regulations promulgated by the federal government, rather than from Wheaton’s filing of Form 700 . . . or, for that matter, from any other choice made, or action taken, by… [read post]
15 Aug 2019, 9:30 pm
When we get to Uncle Tom's Cabin and 12 Years A Slave I prompt the students to think about why abolitionists used narrative as a tool, why these narrative works were controversial and powerful in their day, and why it matters that 12 Years was nonfiction, and if it matters if maybe bits of it were slightly fictionalized.I also teach a class on the legal history of slavery, where we read Whitehead's Underground Railroad and Bisson's Fire on the Mountain. [read post]
11 Apr 2024, 4:00 am
While different Justices (and, thus, different Courts) have their own thresholds for overturning precedent, it's impossible to imagine that five Justices would be so blindly devoted to precedent that they would vote to follow it, no matter how wrong they consider it. [read post]
13 Jul 2015, 10:40 am
In a sweeping and ennobling opinion by Justice Anthony Kennedy in Obergefell v. [read post]
4 May 2017, 2:47 pm
American courts adopted the Mansfield rule as a matter of common law, though not in every detail. [read post]
4 Jul 2016, 7:35 pm
These are matters of concern whether the system of democratic representation is grounded in Western principles of liberal democracy (see HERE and HERE) or of Marxist Leninist state organization (see HERE). [read post]
12 Oct 2018, 7:48 am
And in any case it will not matter. [read post]
12 May 2017, 12:45 pm
I am happy to announce the publication of an article, "Shaping a Global Law for Business Enterprises: Framing Principles and the Promise of a Comprehensive Treaty on Business and Human Rights," that appears in the North Carolina Journal of International Law 42(2): 417-504 (2016).The introduction follows; comments and engagement always welcome. [read post]
24 Jan 2022, 6:04 pm
CONTENTS Front Matter (view HERE) A. [read post]
30 Jan 2011, 5:35 am
Writes Pattis in response to something another blawger has posted: “I matter to my wife, my clients, my kids and my dogs. [read post]
5 Mar 2009, 12:02 pm
That's because the "true" facts - whatever they might be - don't matter any more. [read post]
31 May 2019, 6:00 am
The issues now dominating the nation’s attention have moved the Court into uncharted territory, where pet conservative – and for that matter, pet liberal -- jurisprudential axioms offer little or no guidance. [read post]
