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22 Feb 2024, 9:06 am
The Mischief Rule, an article on statutory interpretation that I published several years ago, begins this way: A Tennessee statute imposed duties on railroad engineers. [read post]
3 Apr 2019, 4:18 am
Earlier this week, the Supreme Court decided Bucklew v. [read post]
19 May 2022, 5:56 am
My colleague and friend Sherif Girgis has sent me the following thoughts on the Equal Protection Clause and the momentous abortion case on the Supreme Court's docket. -- The leaked Dobbs draft spends pages arguing that abortion is not a deeply rooted unwritten right. [read post]
16 Nov 2022, 6:50 am
If you have elementary school age children, you probably know about the "Who Would Win? [read post]
25 Apr 2018, 7:40 pm
From Holmes's "The Path of the Law": "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. [read post]
25 Nov 2019, 5:43 pm
[The remedies casebook with a systematic presentation of equity] I'm delighted that the third edition of Ames, Chafee, and Re on Remedies has gone to press, and it will be in print next month. [read post]
15 Nov 2007, 4:18 pm
Tomorrow is one of our favorite days of the year — the Harvard-Yale football game. [read post]
16 Nov 2023, 6:32 pm
If you're interested in the political question doctrine, you should read my colleague Derek Muller's latest post at the Election Law Blog. [read post]
8 Apr 2008, 7:00 am
Please click on the name of each segment to view the corresponding webcast (starting 4/9/08) 9:00 â [read post]
3 Apr 2019, 12:48 pm
Compare and contrast this passage from the district court decision holding unconstitutional, under the Second Amendment, the California statute prohibiting magazines with more than ten rounds: Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the… [read post]
4 Mar 2012, 8:21 pm
So begins this Al Hunt column on Super PACs in the 2012 election. [read post]
26 Jan 2021, 12:57 pm
[Texas v. [read post]
10 Nov 2023, 10:52 am
Noel Cox, The Influence of the Common Law on the Decline of the Ecclesiastical Courts of the Church of England, 3 Rutgers J. [read post]
6 May 2021, 9:33 am
If you've ever wondered what "equity" means, as distinct from "law," here's a primer I recently posted on SSRN. [read post]
22 Jan 2024, 10:55 am
I have not been deep in the weeds of the arguments about Section 3 of the Fourteenth Amendment, unlike my constitutional law casebook coauthors: Mike Paulsen, Michael McConnell, and Will Baude. [read post]
28 Jun 2021, 1:45 pm
On Wednesday I will be testifying before the Presidential Commission on the Supreme Court of the United States, and the topic for the hearing is "Case Selection and Review at the Supreme Court. [read post]
28 Sep 2019, 11:51 am
[A "sternly put" judicial opinion on national injunctions and the APA] Another day, another national injunction. [read post]
27 Apr 2019, 8:35 pm
The latest national injunction has landed. [read post]
2 Oct 2020, 11:21 am
[Religious property disputes may be headed back to the Supreme Court] Today a scholars' brief was filed at the Supreme Court supporting cert in Schulz v. [read post]
28 Apr 2018, 4:08 pm
One of the questions that is often asked about the national injunction is how a court could consider a regulation to be invalid—for reasons of general significance, not ones specific to this plaintiff--yet still give a remedy specific to this plaintiff. [read post]
