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14 Apr 2017, 5:25 am by Eugene Volokh
An interesting court decision in a university sexual misconduct case, decided last week by the New York intermediate appellate court (though quite possibly eventually headed to the New York high court), Matter of Haug v. [read post]
13 Apr 2017, 9:43 am by Randy Barnett
In the wake of Marshall’s capacious 1819 opinion in McCulloch v. [read post]
13 Apr 2017, 8:12 am by Ronald Collins
* * * In 2002, after my wife and I had sufficiently recovered from Bush v. [read post]
12 Apr 2017, 7:49 am by Randy Barnett
In it, he starts with the proposition that, with the confirmation of self-described originalist Neal Gorsuch to the Supreme Court, originalism is here to stay for the foreseeable future. [read post]
12 Apr 2017, 3:53 am by Edith Roberts
Supreme Court less recalled the stately self-image of the federal bench than the sharp-elbowed, much criticized retail politics most states use to elect their judges,” and that the “third-party advertising” deployed during the process “could trigger ethical concerns or even recusals at the Supreme Court if funders bring cases there. [read post]
9 Apr 2017, 8:35 am
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]