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8 Feb 2024, 9:36 am by Eugene Volokh
Respectfully, we also write to raise serious concerns about the reliability of Professor Lash's writings on Section 3 and to make clear what the historical record does—and does not—say.[1] By answering seven questions, we will show that (1) there was a First Insurrection, (2) John B. [read post]
8 Feb 2024, 3:00 am by Will Baude
Does conduct of a particular description, in a specific set of circumstances, on its own unique facts, constitutes having "engaged in" "insurrection or rebellion" within the meaning of the Constitution? [read post]
7 Feb 2024, 7:45 pm by Josh Blackman
" (And odd comments given that the Sinecure Clause does not use "chosen" at all. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
Cas. at 26.In his opening brief, Donald Trump appeared to preserve this argument, though just barely:  He didn’t devote any space to it.[1]  His reply brief does even less with it than that, offering only the ambiguous sentence “that section 3 may be enforced only though the congressionally enacted methods of enforcement,” without even arguing that Chief Justice Chase got it right in Griffin’s Case. [read post]
6 Feb 2024, 5:22 am by Eliav Lieblich
Then, I argue that the geographical nexus requirement, in fact, is extremely difficult to defend in terms of the lex lata, legal policy, literature or practice.[1] This piece does not, however, discuss in detail the obligations in fact owed to Protected Persons in situations or territories once the geographic nexus requirement is rejected. [read post]
5 Feb 2024, 6:56 am by Dennis Crouch
GM Global Technology Operations LLC 21-2348. [read post]
5 Feb 2024, 6:32 am
 (discussed on the Forum here) by Scott Hirst, Kobi Kastiel, and Tamar Kricheli‐Katz; Does Enlightened Shareholder Value Add Value? [read post]
5 Feb 2024, 6:32 am
 (discussed on the Forum here) by Scott Hirst, Kobi Kastiel, and Tamar Kricheli‐Katz; Does Enlightened Shareholder Value Add Value? [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
  Under that standard, the First Amendment does not preclude punishment for incitement if it is established that the speech in question was “directed to inciting or producing imminent lawless action” and was “likely to incite or produce such action. [read post]
4 Feb 2024, 9:50 am by Joel R. Brandes
Neither parent may impede the other’s communication with the child, provided that the parent’s involvement with the child does not impair the child’s development. [read post]
1 Feb 2024, 7:00 am by Norman L. Eisen
.: IND-71543-23 Charging documents and arraignment State of New York response to Trump request for a bill of particulars (May 16, 2023) Trump request for bill of particulars (April 27, 2023) Arraignment hearing transcript (April 4, 2023) Trump Indictment (indicted on March 30, 2023 released on April 4, 2023) and statement of facts (April 4, 2023) Order on media access to Trump arraignment (April 3, 2023) Motions to Dismiss State of New York sur-reply in opposition to Trump omnibus motions (Nov. 27,… [read post]
31 Jan 2024, 10:39 pm by Olya Gurevich
How will contemporary work will be remembered if Africa does not have the space to store the work that will come to define this cultural zeitgeist? [read post]
31 Jan 2024, 9:01 pm by renholding
Moab Partners LP,[1] a closely followed case that ought to address whether a purported failure to make a disclosure required under Item 303 of U.S. [read post]