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20 Nov 2020, 9:36 pm by Jeffrey P. Gale, P.A.
As you will read, our success depends on the Court’s application of the “120-Day Rule” to the facts of the case. [read post]
29 Jul 2022, 5:01 am by Jack Goldsmith
The fun ended when he was convicted in 1975 for the murder of a confederate in an illicit drug scheme. [read post]
10 Mar 2015, 11:55 pm
 (And in fact some passages in the Crawford argument suggest strongly that the Supreme Court would not have adopted the testimonial approach in that case had it thought that this would be the result; it was Justice Breyer who pointed out that a sound conception of what is testimonial avoids the problem, because such a statement is not made in reasonable anticipation of evidentiary use. [read post]
10 Mar 2015, 11:55 pm
 (And in fact some passages in the Crawford argument suggest strongly that the Supreme Court would not have adopted the testimonial approach in that case had it thought that this would be the result; it was Justice Breyer who pointed out that a sound conception of what is testimonial avoids the problem, because such a statement is not made in reasonable anticipation of evidentiary use. [read post]
16 Sep 2022, 5:01 am by Jack Goldsmith
‌3d at 433 (applying the Pike test); Goldsmith & Sykes, supra note 11, at 806 (discussing a possible Pike-based analysis in extraterritoriality cases). [read post]
16 Sep 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
Thus, there is a case for recognizing the date when all thirteen states were in, and the prospect of a partial union alongside some non-ratifying independent states no longer existed. [read post]
4 Dec 2023, 11:26 am by Stephen E. Sachs
Note the claim being made here: not that we define rights in general terms, but that they did. [read post]
20 Sep 2019, 12:05 pm by Neoshia Roemer
Confederated Tribes of the Umatilla Indian Reservation Tribal Legal Aid Attorney, Pendleton, O.R. [read post]
3 Sep 2021, 11:31 am by Eugene Volokh
One can raise the same objection as to using the "private attorney general" as to abortion, as a substantive reason why SB 8 is unconstitutionally overbroad (though note that Justice Breyer's opinion was just a dissent, from the Court's decision not to hear the case for procedural reasons). [2.] [read post]
7 Sep 2020, 10:04 am by Paul Rosenzweig, Vishnu Kannan
In a particularly egregious case, the administration rearranged the line of succession in the U.S. [read post]
6 Aug 2012, 5:00 am by Benjamin Wittes
 His well-established record was that of a chief executive very willing to second-guess military courts—scholars note that he disapproved or granted substantial clemency on a full third of the cases that came to him for final action. [read post]
17 Aug 2022, 6:05 am by Faiza Patel
DHS’s Role in Tracking Terrorism  The Office of Inspector General’s report notes that I&A is tracking “domestic terrorism incidents,” but is hampered by a lack of access to raw case information. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
My friend and case-book co-editor Akhil Reed Amar believes that it is “nonsensical” to argue that there was the slightest merit to the Southern argument for secession as presented in 1860-61. [read post]
13 Feb 2024, 6:30 am by Guest Blogger
Its longest chapter will likely be the story of what the Court did in 2024, with the Trump cases. [read post]
1 May 2014, 5:00 am by JB
" These period of higher lawmaking, when successful (most are not), lead to a new constitutional regime or, at the very least, a more modest transformation that he calls a constitutional solution.In his 1999 article, “Revolution on a Human Scale,” written for the Yale Law Journal Symposium on Volume II of We The People, Ackerman notes that if these periods of heightened awareness go on too long, they do not reflect contemporaneous deliberation, and they start to become… [read post]
26 Oct 2014, 8:23 pm
" The course originally had a quite modest objective--to introduce law students to legal research and reasoning through case law, statutory interpretation, and legal history, processes, and institutions. [read post]
20 Aug 2020, 11:26 am by Sandy Levinson
  If that’s the case, then the Electoral College deserves praise for doing its own part in generating the war. [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
” Recalling Charlottesville’s experience in the summer of 2017 in which white supremacists protested—with deadly results—the city’s removal of its Confederate statutes, he additionally challenges the limits of the state action doctrine and its blindness to the threats to equality that nongovernmental speakers also pose. [read post]