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8 Mar 2022, 4:00 am by SHG
Ultimately, the Supreme Court’s ruling in Wooden v. [read post]
7 Mar 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Tarun Khaitan The central claim that Professors Mark Tushnet and Bojan Bugaric make in their provocative new book ‘Power to the People’ is that populism is only contingently in conflict with constitutionalism. [read post]
6 Mar 2022, 7:11 am by Eric Goldman
” Even though knockoff cases usually pose a risk of overclaiming, Babybus’ 512(f) claims looked harder to justify than the normal 512(f) cases I see due to Moonbug’s careful preparation of the takedown notices. [read post]
28 Feb 2022, 1:13 pm
Divorces are hard, and it can be even harder to part with some of the assets you collected over the course of a marriage. [read post]
20 Feb 2022, 7:15 am by Eric Goldman
For example, are fewer trafficked persons being identified post FOSTA-SESTA and are legal cases harder to build without digital data? [read post]
20 Feb 2022, 4:38 am
  The task is made harder still  because its object--international law--remains a rapidly moving target with nudging and nomadic characteristics.[2]What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities[3]has fractured.[4] It self-consciously understands itself as existing on the cusp of nomic transformation.[5]What had been the expression of a unified… [read post]
18 Feb 2022, 6:30 am by Guest Blogger
It may be too late for us, given the rigors of Article V in an age of extreme polarization, to think of starting from scratch. [read post]
17 Feb 2022, 4:54 pm by INFORRM
  In turn, the Claimant argued, the complaints had caused her to lose her job and had made it harder for her to secure future employment. [read post]
17 Feb 2022, 1:42 pm by ACLU
v=wfqUk0tdjkgUsing people’s names and pronouns is a matter of respect. [read post]
14 Feb 2022, 9:01 pm by Michael C. Dorf
Roberts, the author of the notorious 2013 ruling in Shelby County v. [read post]
14 Feb 2022, 1:58 pm
  Not surprisingly, the Court of Appeal holds that wearing a mask is fine -- a holding consistent with pretty much every other court to have decided the issue.That answers the question of whether wearing a mask is permissible.But the real question -- a much harder one, in my mind -- is whether wearing a non-transparent mask during COVID violates the Confrontation Clause. [read post]