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5 Jun 2022, 6:00 am by Lawrence Solum
Restrained, in that originalist judges would rarely use the power of judicial review to strike down legislation or executive action. [read post]
5 Jun 2022, 12:58 am by Frank Cranmer
Wealands Bell@WealandsBell tweeted: “Whoever thinks that the PM’s reading was chosen specially for him doesn’t understand the tectonic power of set lections chosen well in advance of an occasion, guided by precedent and (here’s the rub) all the more eloquent because of the unpredictable pairing of reader and read. [read post]
4 Jun 2022, 5:25 pm by Chuck Cosson
A book I returned to over and over again in law school (when the inklings of the Internet were just dawning) posits that international law must constantly wrestle with two potential criticisms:  it is either simply an apologetic for what states will do (or what powerful states will impose) and thus no law at all, or it is a utopia that describes a world that does not exist and thus irrelevant.[12] The introduction to that book encapsulates this paradox with a quote from Salman Rushdie,… [read post]
4 Jun 2022, 11:53 am by Gene Takagi
Another likely reason for the increased use of section 501(c) organizations for political campaign activity is the Supreme Court’s 2010 decision in Citizens United v. [read post]
4 Jun 2022, 6:15 am by Lawrence Solum
  I was particularly interested in Parts IV and V of Chapter 5, which offer a critique of the idea that the communicative content of legal texts can be understood on the basis of theories of linguistically mediated communication generally. [read post]
3 Jun 2022, 4:00 am by jonathanturley
” Moreover, the earlier ban was imposed in 1994 — before the Supreme Court ruled in District of Columbia v. [read post]
2 Jun 2022, 12:50 pm by Andrew Koppelman
  He writes, echoing Chief Justice Roberts’s opinion in NFIB v. [read post]
2 Jun 2022, 11:00 am by Sandy Levinson
  I pick that country not to be snarky; in fact the recent constitutional history of Ecuador is extremely interesting, raising fundamental questions, as explored in a brilliant forthcoming book by Joshua Braver, about constitutional change and the notion of “constituent power. [read post]
2 Jun 2022, 10:41 am by Jonathan H. Adler
I also reject George and Craddock's broad view of Section 5 of the 14th Amendment -- a view of Congress's power rejected by the Supreme Court in City of Boerne v. [read post]
2 Jun 2022, 8:30 am by Eugene Volokh
And, she writes, there have been such omissions, pointing, for instance to Harper v. [read post]
1 Jun 2022, 9:00 pm by Vikram David Amar
Never mind that ISL proponents haven’t adduced any evidence that anyone at the Founding (forget mid-19th century materials, which have no strong relevance to original public meaning in 1787) understood or discussed state legislative powers concerning federal elections to be plenary and not subject to state constitutions. [read post]
1 Jun 2022, 2:12 pm by Dr. Noelle Nelson
 First impressions are tremendously powerful. [read post]