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5 Dec 2023, 9:01 pm by Michael C. Dorf
United States, four Justices expressly stated their eagerness to revisit the intelligible principle test, which Justice Neil Gorsuch, writing in a dissent joined by Chief Justice John Roberts and Justice Clarence Thomas, said “has no basis in the original meaning of the Constitution” or pre-New Deal history.Meanwhile, in another line of recent cases, the Court has used the “major questions” doctrine to accomplish as a matter of statutory interpretation much of the… [read post]
28 Jun 2016, 9:01 pm by Michael C. Dorf
In these classes, students learn that the procedural questions matter—often more than the substantive ones. [read post]
27 Feb 2023, 9:01 pm by Michael C. Dorf
Here, the state court’s sticklerism regarding a fairly inconsequential matter (the font) could be held inadequate, thus allowing the Supreme Court to decide the merits of the Fourth Amendment objection.Adequacy in the Cruz CaseThe Supreme Court very rarely says that an independent state law ground for a decision is inadequate in the way that the font rule is inadequate because, unsurprisingly, few state court procedural rules are that petty. [read post]
3 Jan 2012, 5:47 am
Steven Snatic, and his medical malpractice insurance provider, Louisiana Medical Mutual Insurance Company (hereinafter "LAMMICO"), claiming the denial of appropriate care, misdiagnosis and resultant death. [read post]
22 Nov 2022, 10:58 am by Michael Oykhman
The accused published a report detailing a public meeting 308 No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if (a) the meeting is lawfully convened for a lawful purpose and is open to the public; (b) the report is fair and accurate; (c) the publication of the matter complained of is for the public benefit; and (d) he does not… [read post]
16 Feb 2020, 9:01 pm by Michael C. Dorf
” If that sounds more like an equal protection violation than a due process violation, one must recall that the Constitution contains no express equal protection clause applicable to the federal government but that the Supreme Court has found that the Fifth Amendment’s Due Process Clause—which does limit the federal government—incorporates an equal protection principle.Yet whether understood as a matter of equal protection, due process, or both, this aspect of New… [read post]
9 Jan 2017, 9:01 pm by Michael C. Dorf
The difference between retiring on $700,000 and retiring on $350,000 is not exactly the difference between sipping champagne and eating cat food, but it is very substantial.Given the opacity of Trump’s personal finances, his true net worth is a matter of some debate but it’s probably in the billions. [read post]
2 Feb 2020, 9:01 pm by Michael C. Dorf
They cite the 1977 Arlington Heights case as their example of subjective motive mattering, and so did Justice Alito during the oral argument. [read post]
20 Feb 2018, 9:01 pm by Michael C. Dorf
So argue some gun control proponents, pointing to the experience of Australia, where a crackdown on guns preceded a decline in gun violence overall and essentially eliminated mass shootings.Whether a similar crackdown would reduce overall violence and mass shootings in the US is hotly contested, but the debate might not matter. [read post]
1 Jan 2023, 9:01 pm by Michael C. Dorf
One cannot answer that question strictly as a matter of public policy because the First Amendment right to free speech places limits on government’s power to make lying a crime.In United States v. [read post]
12 Oct 2021, 9:01 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
27 Sep 2022, 9:03 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
30 Apr 2019, 9:01 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
3 Apr 2018, 9:01 pm by Michael C. Dorf
The Warren Court’s project was not simply a matter of patching holes. [read post]
31 Jul 2023, 9:01 pm by Michael C. Dorf
Florida is where truth goes to die.Follow @dorfonlaw Michael C. [read post]
22 Aug 2017, 9:01 pm by Michael C. Dorf
Last week, GoDaddy canceled the website registration for the neo-Nazi website The Daily Stormer following an extremely misogynistic post on the site mocking Heather Heyer, the young woman who was murdered in Charlottesville by a neo-Nazi who (it certainly appears) deliberately drove his car into her and numerous other counter-demonstrators. [read post]
11 May 2020, 9:01 pm by Michael C. Dorf
The policy question of how much to criminalize is a matter for Congress. [read post]