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1 Dec 2011, 7:10 am
By Mike Dorf I've been thinking about nemeses lately. [read post]
17 Jul 2012, 8:14 pm
By Mike Dorf A regional court in Cologne recently ruled that circumcision of male infants and young boys is harmful to them and therefore illegal. [read post]
26 Jul 2010, 1:16 pm
By Mike Dorf In my latest FindLaw column, I discuss Lindsey Graham's speech last week explaining why, despite disagreeing with Elena Kagan on issues and philosophy, he would vote to confirm her. [read post]
29 Jul 2010, 9:47 pm
By Mike Dorf The Pentagon Papers Case is remembered mostly for what it held--that the govt was not entitled to enjoin publication of the Pentagon Papers, even though they were illegally divulged by Daniel Ellsberg, because the govt's general assertions of a national security interest did not justify a prior restraint. [read post]
6 Jan 2011, 7:17 am
By Mike Dorf Justice Scalia's recently published interview with Calvin Massey for the California Lawyer has been getting considerable attention because in it he says that the Fourteenth Amendment was not originally understood to forbid discrimination on the basis of sex or sexual orientation. [read post]
22 Nov 2009, 6:43 pm
By Mike Dorf The recent procedural theatrics over starting Senate debate on the health care bill provide only the latest occasion for reflecting on the oddity of the cloture rule, which effectively requires 60 votes to accomplish anything in our upper house. [read post]
14 Dec 2010, 8:35 pm
By Mike Dorf In my latest FindLaw column and my post on Monday, I took issue with the framing of the relevance of Romer v. [read post]
25 Jul 2011, 8:19 pm
By Mike Dorf In their dueling speeches on the debt ceiling impasse, both President Obama and Speaker Boehner reached for a very familiar analogy between the government and private actors. [read post]
1 Aug 2011, 4:30 am
By Mike Dorf I began work on my latest Verdict column on Friday, when a deal to raise the debt ceiling looked like a 50-50 proposition. [read post]
18 Aug 2010, 8:34 pm
By Mike Dorf In my two posts on the controversy surrounding the planned Park51/Cordoba House (here and here), I noted how the debate has shifted from whether the organizers have a right to build it (to which I believe the answer is blindingly obviously yes) to whether it is wise for them to do so. [read post]
22 Sep 2010, 10:17 am
By Mike Dorf In my latest FindLaw column I consider the constitutionality of a bill sponsored by Sen. [read post]
19 Dec 2010, 8:10 am
By Mike Dorf Seventeen years after the Supreme Court decided Bowers v. [read post]
13 Jan 2011, 7:36 am
By Mike Dorf On Tuesday, the DC Circuit denied en banc review in Abdah v. [read post]
27 Sep 2010, 8:37 pm
By Mike Dorf Last week I was a panelist on an ABA-sponsored "webinar" discussing last Term's "crush video" case, U.S. v. [read post]
30 Mar 2011, 7:28 pm
By Mike Dorf For better or worse, President Obama's articulation of his reasons for committing U.S. air power to the civilian protection mission in Libya is already coming to be known as the "Obama Doctrine. [read post]
1 Jul 2010, 4:07 am
By Mike Dorf I have a new Op-Ed in the NY Daily News in which I argue that the majority's reasoning in Christian Legal Society (CLS) v Martinez vindicates the position that Elena Kagan took, along with her Harvard colleagues, in urging the Court to rule that excluding the military from using the career services office was consistent with the Solomon Amendment. [read post]
24 Jul 2011, 9:19 pm
By Mike Dorf Last week, in United States v. [read post]
29 Sep 2010, 4:33 am
By Mike Dorf As I have previously explained (here and here), under the most straightforward reading of existing Commerce Clause precedents, the individual mandate in the health-care reform law is valid. [read post]
7 May 2012, 1:08 pm
By Mike Dorf Over the weekend Joe Biden went on Meet the Press and said (more or less) that he supports marriage equality, thus seemingly highlighting a difference of opinion between himself and President Obama, who supports civil unions and whose views on same-sex marriage are still "evolving. [read post]
30 Jan 2012, 1:07 pm
By Mike Dorf Any regular reader of the NY Times Op-Ed page has known for some time that in nearly every column Gail Collins writes, she recounts that Mitt Romney once drove to Canada with his Irish Setter Seamus strapped to the roof of his car. [read post]
