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29 Aug 2013, 9:01 pm
My biweekly column slot this week roughly coincides with the beginning of the new academic year at most law schools across the country. [read post]
28 Aug 2013, 1:25 pm
Jonathan Lipson of Temple University School of Law has an interesting post today on the idea of “Relational Reorganization. [read post]
15 Aug 2013, 9:01 pm
In the same-sex marriage cases that were heard and decided by the U.S. [read post]
3 Aug 2013, 7:24 am
(Jonathan H. [read post]
31 Jul 2013, 9:01 pm
For decades this route has seemed an unlikely one, because major ballot measures are often very polarizing along party lines, and neither political party has controlled 2/3 of each house of the legislature. [read post]
16 Jul 2013, 9:01 pm
Last month’s ruling by the U.S. [read post]
3 Jul 2013, 5:10 pm
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. [read post]
2 Jul 2013, 7:32 am
Briefly: As Lyle Denniston reports at this blog, yesterday the Court announced that Scott Harris, the Court’s legal counsel, will succeed William Suter as the Clerk of Court on September 1. [read post]
24 Jun 2013, 8:55 am
The scar from Jonathan Stelly’s pacemaker surgery is visible on his chest. [read post]
20 Jun 2013, 9:01 pm
May seems to support my argument), but we need to see whether any, or a majority, of the Justices speak directly to this issue and what they say. [read post]
6 Jun 2013, 9:01 pm
The major problem with r [read post]
4 Jun 2013, 10:45 am
Jonathan Rothwell and Neil G. [read post]
23 May 2013, 9:01 pm
Background of the Case and the Majority’s Application of Chevron Deference The dispute in Arlington involves the process for locating and constructing wireless communication towers. [read post]
10 May 2013, 1:35 pm
Douglas, Arthur Goldberg, and William Brennan – no longer exist on the Court? [read post]
9 May 2013, 9:01 pm
” Thus, the majority opinion is best understood as having relied on both grounds.) [read post]
25 Apr 2013, 9:01 pm
Strictly speaking, the issue presented in Lockyer involved the power of local executive officials, not that of the Governor, but Justice Werdegar’s separate writing in that case understood the majority opinion to sweep broadly and apply not just to local executive officials but to the entire executive branch: “Make no mistake, the majority does . . . hold[] that [all] executive officers must follow statutory rather than constitutional law until a court [read post]
10 Apr 2013, 9:01 pm
But many—myself included—think that, among the various scenarios, the most probable outcome (and one that is perhaps more likely than not) is that a majority of Justices will dispose of the case by finding that the Proposition 8 sponsors (also known as the official “proponents” of the measure), the only ones who defended against the challenge, do not enjoy standing in federal court to speak on behalf of the State. [read post]
28 Mar 2013, 9:01 pm
”) To preserve the integrity of the Rule of Four, the Court has traditionally taken the view that at least one of the Justices who voted to grant review (and more than one, if there were more than four votes to grant) would have to be among the majority who want to DIG the case. [read post]
14 Mar 2013, 9:01 pm
Because this proposal was voted down, and based on a criticism of the proposal by delegate Charles Pinckney on the ground that it would unduly favor the populous states, Professor Williams argues that the framers conceived of Article II as prohibiting any system that overly focuses on or empowers a national majority. [read post]
28 Feb 2013, 9:01 pm
To be “actual or imminent,” the majority said, the injury asserted must be “certainly impending. [read post]
