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31 Oct 2018, 11:21 am by John Elwood
It’s a long story — but at least it’s dull. [read post]
21 Jun 2019, 5:59 am by Ira Lupu and Robert Tuttle
Court of Appeals for the 4th Circuit, applying the well-known and long-derided three-part test from Lemon v. [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Redistricting — which is "primarily the duty and responsibility of the State" (Perry v Perez, 565 US 388, 392 [2012] [internal quotation marks and citation omitted]; see Growe v Emison, 507 US 25, 34 [1993]) — is a complex and contentious process that, historically, has been "within the legislative power . . . subject to constitutional regulation and limitation" (Matter of Orans, 15 NY2d 339, 352 [1965]). [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Redistricting — which is "primarily the duty and responsibility of the State" (Perry v Perez, 565 US 388, 392 [2012] [internal quotation marks and citation omitted]; see Growe v Emison, 507 US 25, 34 [1993]) — is a complex and contentious process that, historically, has been "within the legislative power . . . subject to constitutional regulation and limitation" (Matter of Orans, 15 NY2d 339, 352 [1965]). [read post]
23 Aug 2011, 6:38 am by Kenji Yoshino
A colleague once observed that legislation would pass muster under ordinary rational-basis review so long as it was framed in grammatically complete sentences. [read post]
5 Jan 2012, 7:30 am by Aaron Tang
Its single complaint about the interim map, that it fails to consider state requirements that county boundaries be respected, has long been rejected as a matter of both Voting Rights Act and constitutional (Gray v. [read post]
16 Feb 2010, 1:40 pm by Eric
This argument is consistent with traditional tort principles (as well as Judge Kozinski’s dissent in Perfect 10 v. [read post]
29 Jun 2018, 11:53 am by Edith Roberts
In August 2005, Governor Rick Perry nominated Willett to fill a vacancy on the Texas Supreme Court. [read post]
15 Dec 2020, 8:30 am by Eugene Volokh
Partlett (Emory), Jonathan Peters (Georgia), Michael Perry (Emory), Glenn Harlan Reynolds (Tennessee), Ani B. [read post]
12 Nov 2015, 11:30 am by John Elwood
“Qualified immunity,” the per curiam opinion reads, “shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. [read post]