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26 Jun 2022, 10:40 pm
Third, in Footnote 7, Justice Thomas clarifies that the originalist analogical inquiry is distinct from means-ends scrutiny: This does not mean that courts may engage in independent means-end scrutiny under the guise of an analogical inquiry. [read post]
24 Jun 2022, 6:54 am
(Völkerrechtsblog, Symposium, Framing Human Rights? [read post]
24 Jun 2022, 4:00 am
The two candidates shared the unusual distinction having both had, at one point, the sought-after endorsement of former President Trump. [read post]
23 Jun 2022, 8:25 am
(Völkerrechtsblog, Symposium, Framing Human Rights? [read post]
22 Jun 2022, 11:15 am
(Völkerrechtsblog, Symposium, Framing Human Rights? [read post]
22 Jun 2022, 4:32 am
In other words, when a conflict between the clauses arises, which clause prevails depends largely on how the issues is framed and the status of how the case comes to the Supreme Court. [read post]
21 Jun 2022, 8:39 am
" "A law that targets religious conduct for distinctive treatment … will survive strict scrutiny only in rare cases. [read post]
21 Jun 2022, 8:00 am
(It is that “grammar” that Pozen and Samaha explore in their own article: the implicit rules which say that what counts as constitutional argument and constitutional interpretation cannot contain anything that looks too much like a “policy argument”—which tends to ensure that constitutional arguments cannot address the distribution of wealth and social and economic power.)This “grammar,” in our view, is a key part of the way liberals have framed and… [read post]
20 Jun 2022, 1:09 pm
(Völkerrechtsblog, Symposium, Framing Human Rights? [read post]
20 Jun 2022, 2:59 am
Pickup trucks are distinct in size, shape, and design, and generally have a separate frame and an open box. [read post]
19 Jun 2022, 4:44 pm
Silicosis has a distinctive radiographic appearance, and yet that radiographic appearance is the same in many cases of coccidioidomycosis (Valley Fever). [read post]
17 Jun 2022, 10:19 am
This framing of fair use would be devastating for the digital space. [read post]
16 Jun 2022, 6:13 am
A part of President Donald Trump’s effort to overturn the presidential election involved an effort to misuse the Electoral College in seven battleground states. [read post]
15 Jun 2022, 11:34 am
How the Chevron inquiry is framed -- and how one orders and conceives the steps -- can affect the outcome. [read post]
15 Jun 2022, 6:54 am
” “President Trump and other pro-Trump elites in media and politics set an expectation of voter fraud and then eagerly amplified any and every claim about election issues, often with voter fraud framing,” said one of the lead researchers, Dr. [read post]
14 Jun 2022, 5:38 pm
Although Barrett framed the issue in Denezpi as “arguably” involving one sovereign enforcer and two sovereign sources of law, the question of the ultimate source of sovereign authority for the operation of the Court of Indian Offenses was not decided. [read post]
13 Jun 2022, 10:37 pm
Even more than that, one might wonder how an executive agency can claim the exclusive power to define, prosecute, and judge crimes—three distinct functions the Constitution normally reserves for three separate branches. [read post]
12 Jun 2022, 11:57 am
Circuit affirmed, finding unavailing plaintiffs’ attempts to frame their claims as something other than a challenge to the final rule (among other reasons for dismissal). [read post]
11 Jun 2022, 1:41 pm
Pix Credit Beijing ReviewI take this opportunity to post for comment a discussion draft recently completed. [read post]
10 Jun 2022, 8:00 am
Another theme was Khan’s blurred distinction between merely enforcing existing law and transforming the FTC. [read post]
