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26 Oct 2022, 6:30 am by Guest Blogger
For a constitutional theory to be (minimally) acceptable, it must preserve the result in Brown v. [read post]
24 Oct 2022, 5:14 am by INFORRM
Canada The Superior Court of Justice, Ontario handed down judgement in Marcellin v LPS et all 2022 ONSC 5886. [read post]
21 Oct 2022, 9:30 pm by ernst
  It is curated by Mary Ziegler, UC Davis School of Law (Harvard Gazette).Randall Kennedy, HLS, interviewed on Walker v. [read post]
In denying the review, three Supreme Court justices offered a statement of explanation, authored by Chief Justice Cantil-Skaue, “Our denial of a petition for review does not communicate any particular view regarding the merits of the issues presented in the petition. [read post]
20 Oct 2022, 8:51 am by Will Baude
If Justice Kavanaugh is right, then the way the Court is handling Bivens is wrong—and there are plenty of other examples of this problem, ranging from the exclusionary rule to the incorporation of the bill of rights and the privileges or immunities clause, to the commerce clause, to Erie RR v. [read post]
14 Oct 2022, 6:50 pm by Ronald Mann
ShareWednesday’s argument in Andy Warhol Foundation for the Visual Arts v. [read post]
14 Oct 2022, 6:03 am by Scott Bomboy
“Plaintiffs rely heavily on the plurality opinion of Justice [William] Brennan in Board of Education, Island Trees Union Free School District No. 26 v. [read post]
14 Oct 2022, 4:00 am by Evan Dicharry
Circuit Court of Appeals interviewed Chief Justice John Roberts on all things SCOTUS, in which he decried attacks on the court’s legitimacy following the Dobbs v. [read post]
13 Oct 2022, 6:05 am by Joseph Margulies
Habib, who is Australian, had been one of the four petitioners in Rasul v. [read post]
12 Oct 2022, 4:32 pm by Mark Walsh
(William Hennessy) Sometime after Blatt refers to a page of the 2nd Circuit decision that “they’re yakking about,” Justice Samuel Alito picks up on her word choice. [read post]
12 Oct 2022, 7:25 am by Rick Hasen
William Baude and Michael McConnell in The Atlantic: In a constitutional republic like ours, legislatures ultimately derive their authority from the people. [read post]
11 Oct 2022, 6:58 am by Dennis Crouch
  As the Supreme Court recently explained in Google v. [read post]