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28 Jun 2019, 2:58 pm
Which brings us to the heart of Cottingham’s argument: there is more or less a “triangle of hostility” in which (i) psychoanalysis opposes religion; (ii) religion is opposed by philosophy; and (iii) philosophy opposes psychoanalysis. [read post]
28 Jun 2019, 1:09 pm
In Rucho and Benisek, the Supreme Court concluded in an opinion authored by Chief Justice John Roberts that the Constitution does not give federal courts the power to resolve partisan-gerrymandering claims. [read post]
28 Jun 2019, 12:26 pm
In other words, does Rucho apply to state courts, or only federal courts? [read post]
27 Jun 2019, 9:46 am
” This inquiry “does not reduce to any exhaustive test,” but does rely on “some especially important markers. [read post]
26 Jun 2019, 1:44 pm
I welcome new and interesting usages and I've actually seen this one (rarely) before, but it does feel a little unusual to me: Too, regulated parties often push for precision from an agency, so that they know what they can and cannot do. [read post]
21 Jun 2019, 8:27 am
Gorsuch’s Article III “standing” objection is a good one. [read post]
20 Jun 2019, 10:28 am
Justice Kavanaugh, in his separate opinion, summarized the new historic test this way: “If the challenged government practice is not coercive and if it (i) is rooted in history and tradition, or (ii) treats religious people, organizations, speech, or activity equally to comparable secular people, organizations, speech or activity, or (iii) represents a permissible legislative accommodation or exemption from a generally applicable law, then there ordinarily is no Establishment… [read post]
20 Jun 2019, 2:00 am
For all these reasons, the Cross does not offend the Constitution. [read post]
18 Jun 2019, 6:42 am
On a few occasions, I have prepared a mid-year review. [read post]
13 Jun 2019, 12:09 pm
It does not address the use of information after access. [read post]
10 Jun 2019, 7:30 am
I have argued elsewhere that there is an unfortunate line that can be drawn from John Jay, writing as Publius in Federalist 2, to Donald Trump. [read post]
24 May 2019, 3:01 pm
I. [read post]
22 May 2019, 6:52 pm
`Michael' Pruneda, Jr., Rolando Quintana, for Elmer DeGuzman, Yolanda Lopez, Richard Wecker and Sheryl Hamer, Respondents.Alfred John Harper, III, Arrissa K. [read post]
14 May 2019, 9:01 pm
That does not mean it made the right call each time, of course; I think the entire sovereign immunity line of cases since Hans is misguided; still, a decision or doctrine ought not to be decried simply because a court infers it from constitutional structure and history.That said, I d [read post]
6 May 2019, 6:30 am
More saliently, controversies over John McCain’s and Ted Cruz’s presidential eligibility ended up solidifying support for the position that children of U.S. citizens born abroad are “natural born citizens” within the meaning of the clause. [read post]
29 Apr 2019, 10:20 am
Everything does things a little differently. [read post]
28 Apr 2019, 7:45 am
How does one show this precise definition? [read post]
24 Apr 2019, 9:46 am
JOHN P. [read post]
19 Apr 2019, 2:03 pm
I): Structures and Powers (Oxford University Press: New York). [read post]
18 Apr 2019, 12:41 pm
In March 2016, the GRU began hacking the email accounts of Clinton Campaign volunteers and employees, including campaign chairman John Podesta. [read post]
