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2 Jun 2022, 9:00 pm by Vikram David Amar
The explanations the Court offers in deciding to overrule particular past cases likely matters more—in promoting the reliance we care about—than the frequency with which past cases are revisited. [read post]
2 Jun 2022, 10:39 am by Aaron Moss
There are certainly noticeable differences between Sedlik’s photo of Miles Davis and Kat Von D’s tattoo—such as the light and shading on Davis’s face, the hairline on his head, and the background of the two images—but they’re more subtle. [read post]
2 Jun 2022, 8:57 am by Eric Goldman
Background Jeff Sedlik, a photographer, took an iconic photo of jazz legend Miles Davis. [read post]
1 Jun 2022, 9:00 pm by Vikram David Amar
And never mind that both just before 1787, under the Articles of Confederation (which also used the term “legislature” of the states), and shortly after 1787, state constitutions explicitly regulated federal elections and did not leave the matter to state legislatures.Never mind all of that. [read post]
31 May 2022, 8:01 am by Dan Bressler
” “Samuel Bickett, a US lawyer who was forced to leave Hong Kong after serving a jail sentence over the 2019 protests, questioned how Davis Polk had approved the event. [read post]
31 May 2022, 6:43 am by familoo
A lot has been written of late about the privacy (or otherwise) of family money cases, and all of it by men with big brains and a lot of words. [read post]
23 May 2022, 7:07 pm by Guest Author
As Judge Davis noted in his dissenting opinion in Jarkesy, “nowhere does the majority explain how the ALJ’s tenure protections interfere with the President’s ability to execute the laws. [read post]
23 May 2022, 3:58 am by Andrew Lavoott Bluestone
The plaintiffs do not allege that they retained the defendant before the hospital exercised its discretion in this matter pursuant to the terms agreed upon in the consent form. [read post]
18 May 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
(The Illinois Supreme Court also may, unless the legislature provides otherwise, appoint persons to fill vacancies on the intermediate appellate court in the state.)As a general matter, the seven justices on the Illinois Supreme Court are chosen by popular vote in partisan elections to serve 10-year terms. [read post]
17 May 2022, 9:05 pm by Dan Flynn
Esteban serves as the primary scientific advisor on matters of public health and food safety that affect the mission of the agency, with primary responsibility for scientific initiatives within the Office of Public Health Science (OPHS). [read post]
17 May 2022, 10:43 am
  The fact that he did not recount an “identifiable statement” concerning the controlled purchase did not matter, given that he described the purchase in detail despite not having observed it, making it inferrable what he purported to have been told. [read post]
13 May 2022, 4:00 am by Jim Sedor
National/Federal A 49-Year Crusade: Inside the movement to overturn Roe v. [read post]
12 May 2022, 9:01 pm by Vikram David Amar
” As the Court has made clear, “[t]he Constitution presumes that, absent some reason to infer antipathy, even improvident decisions will eventually be rectified by the democratic process and that judicial intervention is generally unwarranted no matter how unwisely we may think a political branch has acted. [read post]
8 May 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
Instead, it held that, as a matter of federal due process, the Florida statute could not constitutionally be applied to a contract made elsewhere, whether Florida wanted it to or not.The case proceeded to the Supreme Court, where Justice Felix Frankfurter’s majority opinion questioned the wisdom of the Court of Appeals having first resolved the constitutional (due process) question without having first decided the statutory one; if as a matter of Florida law the Florida… [read post]
5 May 2022, 9:01 pm by Vikram David Amar
  But when a party that has the support of, say, 55% of the state’s electorate uses its current control of the legislature to create a 60%-65% majority in the legislature’s future seats, it is much harder for a court to identify the impermissible line that has been crossed, given that observers and analysts seem to concede that district drawing has always been political/partisan to some extent, and that this historical reality has not seemed democratically offensive in and of… [read post]