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15 Aug 2013, 8:10 am
  Once general principles of institutional structures are understood, it is possible to contextualize these insights within the realities of the American Republic--the general government, the administrative branches, inferior political units, and the residuary role of the people as ultimate sovereigns. [read post]
13 Aug 2013, 7:03 am by Bob Corn-Revere
  For example, Dean Erwin Chemerinsky described Holder as “[p]erhaps the most troubling First Amendment decision of the Roberts Court. [read post]
20 Jul 2013, 10:39 am by Larry Catá Backer
” (Gunther Teubner, Societal Constitutionalism: Alternatives to State-Centered Constitutional Theory,  Storrs Lectures, Yale Law School, 2003/04, p.2). [read post]
11 Jul 2013, 6:19 pm by Larry Catá Backer
Conversely, productive property owned or controlled by individuals, especially where that ownership is not under state control or direction, could be understood as a challenge to the unity of the people and a political threat. [read post]
4 Jul 2013, 7:23 am by Bill Marler
Since then Listeria has been implicated in many outbreaks of food-borne illness, most commonly from exposure to contaminated dairy products and prepared meat products, including turkey and deli meats, pâté, hot dogs and seafood and fish. [4] Given its widespread presence in the environment and food supply, the ingestion of Listeria has been described as an “exceedingly common occurrence. [read post]
2 Jul 2013, 1:41 pm
The other day, I was blogging about tags, and somebody asked what are all the tags. [read post]
22 Jun 2013, 7:02 am by Benjamin Wittes
Over the past two-and-a-half years, we have published over a hundred posts on the NDAAs and related legal developments, including the Southern District of New York’s important decision in Hedges v. [read post]
10 May 2013, 4:34 pm by Andrew F. Sellars
A classic example of the lesser standard is Rice v. [read post]
4 May 2013, 12:06 pm by Rebecca Tushnet
  Fred Schauer on coverage v. protection; Robert Post on transfers of information that are regulated, like securities law; sexual harassment; antitrust—Eugene Volokh says that antitrust couldn’t be constitutionally applied against Google. [read post]
3 May 2013, 3:57 am by Steve Vladeck
And lest there be any doubt on the subject, the Supreme Court has long understood this very point… As Chief Justice Roberts explained for the Court two years ago in Stern v. [read post]