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29 Jul 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Leah LitmanMark Tushnet’s Taking Back the Constitution is a tour de force. [read post]
3 Jan 2023, 8:25 am by Michael C. Dorf
Indeed, it very closely tracks the argument of an amicus brief that Sam Bagenstos, Marty Lederman, Leah Litman, and I filed in 2017 in the SCOTUS case of Gloucester County School Bd. v. [read post]
14 Aug 2023, 5:36 am by Guest Author
Daniel Deacon & Leah Litman, The New Major Questions Doctrine, 109 Va. [read post]
7 Nov 2022, 7:19 am by Guest Author
Chris Walker had the great idea to assemble a bibliography on the major questions doctrine (MQD) so that we can have a one-stop shop for all things MQD. [read post]
27 Jun 2018, 4:20 am by Edith Roberts
” Additional coverage comes from Kevin Daley at The Daily Caller and Bob Egelko at the San Francisco Chronicle, Additional commentary and analysis come from Adam Serwer at The Atlantic, Aaron Blake at The Washington Post, Leah Litman at Take Care, Aziz Huq at Take Care, Richard Primus, also at Take Care, Michelle Boorstein at The Washington Post, Peter Schuck in an op-ed for The New York Times, Will Baude at PrawfsBlawg, Dana Milbank in an op-ed for The Washington Post, and… [read post]
12 Jul 2018, 5:06 am by Edith Roberts
” In an op-ed for The New York Times, Leah Litman worries that the reconstituted court “will rarely act as a shield for groups — such as undocumented women — who are victimized by the political process. [read post]
6 Jul 2018, 4:07 am by Edith Roberts
” At Take Care, Leah Litman maintains that “there’s no question the modified Court will overturn Roe; the only question is how it will do so. [read post]
16 Feb 2021, 9:01 pm by Michael C. Dorf
Or, as Professor Leah Litman explained, the Chief Justice’s complaint is “not about whether the regulation treats non-religious and religious institutions the same. [read post]
31 May 2017, 4:59 am by Edith Roberts
” Briefly: PrawfsBlawg is hosting a symposium throughout June on the court’s remaining cases and other court-related issues; guest authors include Will Baude, Daniel Epps, Leah Litman, Joe Miller, Andra Robertson, Stephen Sachs, Ian Samuel, Chris Walker and David Fontana. [read post]
8 Oct 2019, 4:07 am by Edith Roberts
” Additional commentary comes from Leah Litman, also at Take Care, and from Gregory Nevins in an op-ed for The National Law Journal (subscription or registration required), who points to “eight relatively unknown cases … that … form the basis of the irrefutable analogy, under Title VII, between discrimination against employees in interracial relationships and employees in same-sex relationships. [read post]
4 Nov 2016, 4:39 am by Edith Roberts
” In the Northwestern University Law Review Online, Leah Litman and Shakeer Rahman examine Beckles v. [read post]
28 Feb 2014, 10:06 am by Rebecca Tushnet
Sixth Trademark Scholars Roundtable: The Territorial and Product Market Dimensions of Trademark Law, UT AustinSession 1: The Territorial/Geographic Market DimensionGraeme Dinwoodie: territoriality is becoming more important in reconciling local and global markets.Lionel Bently: Geographic localism used to be possible; a common story is evolutionary—the most common word is “increasing. [read post]
13 Jun 2017, 4:45 am by Edith Roberts
” At Take Care, Leah Litman unpacks “[s]ome of the most important points about the 9th Circuit opinion,” including “that the opinion [read post]
21 Jul 2020, 11:51 am by bhorton
Legal scholars, including Melissa Murray, Leah Litman, and Caroline Mala Corbin, note that June Medical actually may make abortion easier to restrict. [read post]
25 Jul 2018, 4:37 am by Hon. Richard G. Kopf
While we are at it, let’s question under oath law professors Leah Litman and Rick Hasen as to why they stayed silent until the dam was broken by others. [read post]
6 Feb 2021, 4:30 am by Guest Blogger
With Melissa Murray, Leah Litman, and others, I saw the glass half empty. [read post]
12 Apr 2019, 2:50 pm by Rebecca Tushnet
Introduction:   Jessica Litman [sadly missed, due to teaching]Bob Bone [midtalk]: How careful we want to be about market definition may depend on error costs. [read post]
9 Oct 2019, 8:13 pm by Marty Lederman
:  The Justices' Concerns about Restroom Policies (and Dress Codes)Not surprisingly, a significant percentage of the Justices' questions yesterday, in both cases, concerned what a ruling for the employees might mean for sex-segregated restrooms in the workplace (and, to a far lesser extent, employer dress codes and "uniforms").Anticipating that the Court might be concerned about how to address such policies, Sam Bagenstos, Mike Dorf, Leah Litman, Margo… [read post]