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23 Mar 2023, 12:00 am by Lawrence Solum
Anna Saunders (UCL Laws) has posted Constitution-Making as a Technique of International Law: Reconsidering the Post-War Inheritance (American Journal of International Law 2023) on SSRN. [read post]
22 Mar 2023, 9:30 pm by Karen Tani
Owens then demonstrates how Jordan built upon this tradition by treating the Constitution as an American “scripture” to advocate for racial justice and gender equality. [read post]
21 Mar 2023, 7:00 am by Daniel Carpenter-Gold
This is the first of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. [read post]
21 Mar 2023, 5:01 am by Eugene Volokh
As the American Civil Liberties Union ("ACLU") has warned, "If the NRA's allegations were deemed insufficient to survive the motion to dismiss, it would set a dangerous precedent for advocacy groups across the political spectrum. [read post]
20 Mar 2023, 7:39 am by Crispin Smith
American forces remained in Iraq, and militia-backed candidates performed poorly in national elections held in October 2021, further humiliating the muqawama. [read post]
18 Mar 2023, 5:54 am
And they ought to apologize for the institution's failure to do enough to prevent the disruption or to deal with it quickly. [read post]
17 Mar 2023, 7:09 am
This early interposition formed an institutional way to acknowledge the divided sovereignty and to preserve the equilibrium of federalism. [read post]
17 Mar 2023, 7:08 am by Christine Corcos
This early interposition formed an institutional way to acknowledge the divided sovereignty and to preserve the equilibrium of federalism. [read post]
17 Mar 2023, 6:14 am by INFORRM
 This coincides with declining levels of trust, overall, in traditional media by Republicans over the last five years (Democrats’ confide [read post]
17 Mar 2023, 5:01 am by Tyler McBrien
“Foreign policy in the United States is like polo: almost entirely an elite sport,” Justin Logan of the Cato Institute wrote recently. [read post]
14 Mar 2023, 8:55 pm by Lawrence Solum
Telling judges they are agents of the law is more consistent with the judicial oath, the rule of law, and the role of courts in the American democratic system. [read post]
13 Mar 2023, 9:08 am by Stephen Halbrook
Halbrook is currently a Senior Fellow with the Independent Institute; he represented the National African American Gun Association as amicus curiae in Bruen, and has also recently filed briefs in Duncan v. [read post]
10 Mar 2023, 12:00 am by Lawrence Solum
Some philosophical ideas formed in response to historical facts led to the emergence of legal traditions. [read post]
9 Mar 2023, 7:48 am
In other words, American property and property institutions did not issue from sovereigns with established authority to govern a territory—as in the understanding drawn from European legal traditions—but rather preceded and ushered in colonial and U.S. sovereign title to Native homelands. [read post]
9 Mar 2023, 7:48 am by Christine Corcos
In other words, American property and property institutions did not issue from sovereigns with established authority to govern a territory—as in the understanding drawn from European legal traditions—but rather preceded and ushered in colonial and U.S. sovereign title to Native homelands. [read post]
9 Mar 2023, 5:51 am by Todd Buchwald
Background on American Servicemembers’ Protection Act The new legislation was enacted against the backdrop of restrictions that Congress adopted in the early 2000’s, in the period following the conclusion of the Rome Statute that established the ICC. [read post]
 The court noted that CEQA, in the context of a state entity applying for a federal license, constitutes “self-governance” rather than traditional state regulation of private actors that has been held preempted in previous cases. [read post]