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11 Dec 2020, 2:00 am
 Our country is at a crucial crossing point. [read post]
28 Sep 2021, 10:59 am by Neil H. Buchanan
 We note that the most cynical counter-move by Democrats would involve simply endorsing the Eastman strategy, which would then allow Kamala Harris to do what Mike Pence (channeling the suddenly non-mockable Dan Quayle) refused to do -- and, for that matter, what Al Gore refused to do in January 2001, in much more defensible circumstances. [read post]
8 Jul 2015, 6:03 pm by Joseph Fishkin
Gore draws such special scorn from so many). [read post]
6 Oct 2018, 7:50 am by JB
Gore, in this sense, was a harbinger of worse days to come.Fifth, the power of judicial review has changed over the course of American history. [read post]
21 Apr 2016, 8:26 am
[Today's guest post is from Robert K S, who is a patent attorney from Cleveland, Ohio.]Countering obviousness rejections can be both the most quotidian and the most challenging task of the patent practitioner or pro se applicant. [read post]
8 Jul 2024, 4:55 am by Eric Segall
Gore litigation), while Justices Kagan and Sotomayor likely were worried about an unfavorable decision on the merits (very likely given the three-justice dissent of Alito, Thomas and Gorsuch).In a non-election year, would Justices Roberts, Kavanaugh, and Barrett have joined the three doomsayers of destruction (Thomas, Alito, and Gorsuch) in an opinion saying that the federal law did not preempt state law on abortion? [read post]
1 Jan 2021, 3:06 pm
 In my first post in this series, I laid out an overview of presidential elections as governed by Article II, Section 1 of the Constitution, as subsequently amended by the Twelfth, Twentieth and Twenty-fifth Amendments. [read post]
22 Nov 2013, 12:00 am by My name
Comm’r, 483 F.2d 817, 819-20 (1973) (denying a patent agent a deduction for law school because his primary purpose in attending law school was to become a patent attorney and whose law degree qualified him for a new trade or business); Gore v. [read post]
16 Jun 2023, 6:30 am by Guest Blogger
For the Balkinization symposium on Christian G. [read post]
14 Aug 2023, 4:00 am by Eric Segall
Dedicated to Retired Judge Dick Posner Two of America's most prominent conservative constitutional law professors, both self-described originalists, Will Baude and Michael Paulsen, have penned a 126-page opus explaining why Section 3 of the Fourteenth Amendment disqualifies on its own terms with no enabling legislation Donald Trump and likely many others from holding office under the United States or any state. [read post]