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29 Aug 2021, 9:00 pm
This essay extends our virtual conversation with Berkeley Law’s Dean Erwin Chemerinsky and Professor Aaron Edlin about the constitutionality of California’s procedures governing the upcoming recall election for Governor Gavin Newsom. [read post]
24 Jan 2018, 9:01 pm
The idea that speech is fully protected but could nonetheless be blocked by a court would make little sense.But the rule against prior restraints is also employed in settings where the courts assume, or have determined by careful examination, that the proposed speech in question is not protected by the First Amendment, and could lawfully be punished after its utterance. [read post]
26 Jun 2023, 9:01 pm
A recent controversy over an invited-speaker event at the University of Pittsburgh (a public university in Pennsylvania known as “Pitt”) illustrates how both sides in free speech controversies at public universities seem to do and say untenable things, and also how the Supreme Court could improve matters by providing more clarity on key doctrinal and practical questions.The following factual contentions are drawn (and quote) from a demand letter sent to Pitt officials by the Alliance… [read post]
3 Feb 2021, 9:01 pm
The Constitution gives the Senate “the sole Power to try all Impeachments” but it says very little about how impeachment trials must be conducted. [read post]
12 Jul 2018, 9:01 pm
It looks like Justice Anthony Kennedy will be replaced by one of his former clerks, DC Circuit Judge Brett Kavanaugh. [read post]
3 Apr 2014, 4:00 am
The Trial Franz Kafka Orig: Der Process, Berlin: Verlag Die Schmiede, 1925 Translation by David Wyllie Chapter Seven Lawyer – Manufacturer – Painter …… He was no longer able to get the thought of the trial out of his head. [read post]
1 May 2020, 3:00 am
With weak laws and little oversight, such trading rarely trips any wires. [read post]
15 Apr 2022, 4:00 am
But aside from the infusion of tourist dollars and fleeting national media attention, Selma feels like a city left behind, with little to show for its vaulted place in America’s civil rights history. [read post]
25 Jun 2011, 1:26 pm
Where you, you know, you feel a little something and then it kind of elevated to where the disc was up against the nerve, and there was real discomfort. [read post]
28 Apr 2010, 5:01 am
But because she has so little capital gains taxed at special low rates, she had discovered that most of her income will be taxed in the top bracket. [read post]
24 Apr 2014, 9:01 pm
How the Ohio Law Works and the Lower Court’s Rejection of SBA List’s Challenge A little background on the way the Ohio statute operates is necessary to understand the issues before the Court. [read post]
13 May 2025, 9:01 pm
Justice David Souter’s death last week prompted an outpouring of nostalgia for a recent but now bygone era of Supreme Court politics. [read post]
13 Jul 2017, 9:01 pm
Although the justices diverged on some aspects of the case, they did all agree that the statute at issue violated the First Amendment because it constituted “viewpoint-based” regulation of speech, something in which the government has very little authority to engage, unless (as the Court held was not the case here) the government is uttering in its own, government, speech.In the space below, I analyze some of the significant intellectual/doctrinal moves the justices made in the… [read post]
4 Jan 2017, 4:45 pm
If mere allegations alone were sufficient to trigger the exclusion, the policy would afford precious little coverage in many circumstances. [read post]
21 Nov 2024, 9:01 pm
From one perspective, it was only a matter of time before the Pennsylvania Supreme Court slapped down the election officials in a handful of Democratic-dominated counties for attempting to count—in tallying final results for the November 2024 election—mail-in ballots that, although properly signed and timely received, had not been properly dated. [read post]
8 May 2022, 9:01 pm
These prerequisites existed in Clay, and it would thus not have been surprising if the Court had directed the lower courts to invoke Pullman abstention.But it seems that about a year before Clay, a former Frankfurter clerk had delivered a speech in which he mentioned in passing a little-known and never-implemented Florida statute that empowered the Florida Supreme Court to set out a process by which it could directly receive questions of state law certified to it by a federal… [read post]
10 Dec 2009, 6:09 am
., David B. [read post]
9 Sep 2011, 6:00 am
Bar-David, it is. [read post]
4 Aug 2024, 10:25 am
You could argue a little bit more, a little bit less, but there aren't thousands of them. [read post]
12 Mar 2012, 8:13 am
Lincoln & the Negroes: The Long Road to Equality (1963) William Rehnquist, Civil Liberty and the Civil War (1997) Similarly, some of the Justices were keenly interested and wrote works on religion and related topics: David J. [read post]
