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9 May 2023, 6:30 am by Guest Blogger
For the Balkinization symposium on Julie Suk, After Misogyny: How the Law Fails Women and What to Do about It (University of California Press, 2023).Linda McClain Julie Suk’s call for a feminist constitutionalism that embraces both gender equality and care—as public values that government should promote—strongly echoes prior feminist calls while also speaking to the present moment. [read post]
9 May 2023, 1:52 am by David Pocklington
[1]  For a more detailed description of the treatment of altars during the Reformation, see Robert Whiting, The Reformation of the English Parish Church, (Cambridge University Press 2010) 21-35 [read post]
8 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
The constitutional crisis caused by the Republicans’ attempts at extortion via the debt ceiling has now increased from a simmer to a boil. [read post]
8 May 2023, 12:28 am by Christin Thompson
Medicare Exclusion Risks: Employing Excluded Individuals Can Result in Significant Administrative, Civil and / or Criminal Liabilities (May 8, 2023): One of the most severe administrative sanctions available under the Social Security Act stems from the authority of the Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS)[1] to “exclude” individuals and entities from participating in Federal health care programs.[2] While the… [read post]
7 May 2023, 1:44 pm by Eugene Volokh
References may include: (a) Dave Roberts's steal; (b) Carlton Fisk's walk-off homerun; (c) Ted Williams's final at-bat; and, inter alia, (d) David Ortiz's "this is our [bleep] city" speech. [read post]
7 May 2023, 6:00 am by Lawrence Solum
President Reagan's nomination of Robert Bork (an avowed originalist) was one key moment--with his defeat by the Democrats was seen as a political rejection of originalism. [read post]
4 May 2023, 9:30 pm by Karen Tani
  I followed my lawyerly instinct, and argued that the doctrinal logic clearly meant that the IRS should deny tax exemption to 501(c)(3) organizations that discriminate on the basis of any protected trait (i.e., not only race). [read post]
4 May 2023, 9:05 pm by renholding
The world hit a record level of carbon emissions in 2022[24] and is projected to warm by 2.5-3°C by 2100.[25]Estimates of climate-related losses include: 18 percent global GDP loss by 2050 under a business-as-usual case (Swiss Re)[26]; nearly 25 percent cumulative loss in global output in the next two decades if mitigation actions are not taken (BlackRock)[27]; 10 percent GDP loss by 2050 for temperature increases above 3°C (Vanguard)[28]; 15-20 percent cumulative reduction… [read post]
4 May 2023, 7:48 pm by Sabrina I. Pacifici
 Conflicts of interest arising from various Justices’ spouses’ professional and political activities: Thomas, Roberts C. [read post]
Taken in historical order, they were Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, Chief Justice John Roberts, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
1 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Each day that passes without enactment of legislation raising or suspending the debt ceiling brings the United States and thus the global economy closer to disaster. [read post]
1 May 2023, 5:51 am by Jacob Glick
During the course of the January 6th House Select Committee’s work, investigative staff received dozens of statements from leading experts in law, academia, and other research. [read post]