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15 Jul 2018, 9:01 pm by Vikram David Amar
Justice Ginsburg’s majority opinion was quite explicit: where the Constitution refers to a state “Legislature” in the context of a provision calling for state lawmaking (as opposed to ratification and similar functions—like picking US Senators in the 19th century under the original Constitution—that do not involve fashioning general regulatory policy), “Legislature” means state lawmaking process, and includes within its definition the people of a… [read post]
19 Oct 2017, 9:01 pm by Vikram David Amar
(Over)broad Injunctions Cut Both Ways on the Political SpectrumA related problem is that nationwide injunctions under such circumstances also encourage what lawyers call “forum shopping”—that is, picking a particular place to sue not because of the convenience of the parties or the location of the witnesses or evidence (which are legitimate factors for choosing a particular venue), but because of a predicted outcome.To be fair to district court judges, the Supreme Court… [read post]
25 Jul 2016, 9:01 pm by Vikram David Amar
For as dangerous as giving agencies broad interpretive power under Chevron may be, it is better (the majority thought) than giving judges leeway to pick and choose when to defer to agencies and when not to. [read post]
27 Dec 2018, 9:01 pm by Vikram David Amar
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]
14 Nov 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
The only time the House has decided a gubernatorial election was in 1999, when it picked Democrat Ronnie Musgrove, who had won a narrow popular-vote plurality (but not a majority) in a four-way election. [read post]
17 Jun 2019, 9:01 pm by Vikram David Amar
Cooperation means, among other things, providing information to the feds about non-citizens, and honoring so-called detainer requests by federal Immigration and Customs Enforcement (ICE) officials to hold immigrants—who are in local custody unrelated to immigration but who may be subject to federal deportation—so that federal agents can pick them up. [read post]
26 Oct 2008, 3:37 pm
Conservatives laughed when Dean took the DNC's helm and look how that turned out. [read post]
19 Mar 2012, 8:00 am
According to the Cherokee County Sheriff's Office, 48-year-old Rick Dean Headen's blood alcohol content was .218 when the Ford Focus he was driving crossed the center line on Knox Bridge Highway and struck a red Dodge pick-up truck head-on. [read post]
5 Jul 2011, 11:15 am by Jason Mazzone
Through fellowships, advice from mentors, self-education, and other mechanisms, professors do pick up new skills in the course of their careers. [read post]
20 Jul 2010, 2:49 am by SHG
  And rather than chuckle at the vehemence with which these academics thrusted and parried, and took their stabs where they could find them, the New York County District Attorney has chosen instead to pick sides in this arcane debate by prosecuting Raphael Golb. [read post]
4 Feb 2021, 9:00 pm by Dean Falvy
He could, within a matter of hours, pick new attorneys who would have to scrape together a trial brief for submission to the Senate by February 2. [read post]
16 Jan 2015, 10:11 am by John-Paul Boyd
(I admit to cherry-picking some delightful examples of legislative bafflegab, however the amount of Canada Pension Play benefits are critical for many seniors and errors in the calculation of income tax potentially carry serious penal and financial consequences.) [read post]
15 Jan 2015, 7:35 am by David Frakt
  The low-hanging fruit having been picked, more and more law schools are going to be faced with some very difficult choices. [read post]
9 Nov 2021, 11:01 am by Neil H. Buchanan
  The chanceller announced that the now-unhired dean was "too politically controversial. [read post]
13 Nov 2014, 8:18 am by Bradley Joondeph
If they adhere to that view here, then Maryland would only need to pick up three other votes to prevail. [read post]
8 May 2012, 9:17 am by Dan Markel
Browning, I felt like a kid in a toy shop:  with so many great choices, what was I to pick? [read post]
17 Nov 2011, 9:55 am by Elie Mystal
To be clear, the issue “the blogs” picked up on was not whether Michigan was allowed to admit students without taking the LSAT, but whether it doing so was a U.S. [read post]