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24 Aug 2023, 8:55 am by Lawrence Solum
This is significant in two broad sets of cases: those that rely on history to apply a constitutional rule (as lower courts are doing with the historical-analogical test prescribed by New York State Rifle & Pistol Association v. [read post]
24 Aug 2023, 6:00 am by Lawrence Solum
Examples include: Evidence of the original meaning of the Contracts Clause and ways it might be reinvigorated through litigation Potential theories under the Citizenship Clause State constitutional anti‐​monopoly and anti‐​gift provisions and other causes of action unique to state law or state constitutions The Ninth Amendment Questions left open by North Carolina Dental Board and ways in which parties can use the Sherman Act to hold… [read post]
24 Aug 2023, 5:33 am by Robin E. Kobayashi
If a question calls for a “yes” or “no” answer, just answer yes or no and the attorney will ask the witness for more details if necessary. [read post]
23 Aug 2023, 10:22 am
  Ever since the nation’s first major eminent domain case – Kohl v. [read post]
23 Aug 2023, 10:02 am by Christine Corcos
This is significant in two broad sets of cases: those that rely on history to apply a constitutional rule (as lower courts are doing with the historical-analogical test prescribed by New York State Rifle & Pistol Association v. [read post]
23 Aug 2023, 10:02 am
This is significant in two broad sets of cases: those that rely on history to apply a constitutional rule (as lower courts are doing with the historical-analogical test prescribed by New York State Rifle & Pistol Association v. [read post]