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26 Jun 2022, 10:40 pm by Josh Blackman
These seven principles effect a foundational shift in how courts should decide Second Amendment cases. [read post]
26 Jun 2022, 7:18 am by jonathanturley
Dean Faigman also claims “Just the obvious inconsistencies between the rationales of today’s decision in Dobbs and yesterday’s decision in Bruen striking down New York’s century-old restrictions on carrying concealed handguns outside the home raise serious questions of institutional legitimacy. [read post]
24 Jun 2022, 9:42 am by Jessica Arons
It has been part of a decades-long project to take away a right upon which people have relied for half a century. [read post]
24 Jun 2022, 9:06 am by Howard Friedman
It has kept true to the Framers’ principles by applying them in new ways, responsive to new societal understandings and conditions. [read post]
24 Jun 2022, 6:30 am by Guest Blogger
  Linda Greenhouse, then still the New York Times Supreme Court reporter, was an essential participant in the symposium, as was Anthony Tomassini, then the chief classical music critic for the Times. [read post]
23 Jun 2022, 12:27 pm by Eugene Volokh
" In practice, I expect that today the jurisdictions that currently don't have statutory provisions generally allowing carrying (California, Hawaii, Maryland, Massachusetts, New Jersey, New York, and D.C.) would, when forced to choos [read post]
22 Jun 2022, 6:30 am by Guest Blogger
  These main figures were engaged in a dance-like series of encounters in which temporary alliances and oppositions gave way to new oppositions and new alliances. [read post]
21 Jun 2022, 4:56 pm by INFORRM
There is in fact nothing essentially new in such ideas, which date back at least as far as the Reconquista – the centuries-long process in which the Christian Iberian kingdoms opposed and conquered the Muslim kingdoms. [read post]
21 Jun 2022, 8:00 am by Joseph Fishkin
For the Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022). [read post]
21 Jun 2022, 5:01 am by Steve Bunnell
  The topic is of fundamental importance to global security in the 21st century. [read post]
17 Jun 2022, 2:09 pm by admin
In this post, however, I have not detailed every important insight, but rather I have tried to point out some of the continuing and new errors in the analysis. [read post]
16 Jun 2022, 7:03 pm
Professor Slawotsky well examines the dangers of this emerging governance culture for the foundations on which U.S. dominance is based. [read post]
14 Jun 2022, 3:55 am by Kevin Kaufman
This omission is of particular significance because the surtax on November’s ballot is different than most tax legislation in that, if it is approved, any revision to the new 9 percent top marginal rate will require another constitutional amendment—a process that can take years to accomplish. [read post]
13 Jun 2022, 6:30 am by Guest Blogger
Indeed, for scholars today confronting the breakdown of our legal-democratic institutions, expanding the “canon” centrally concerns not only incorporating new cases, but also alternative foundational figures who rarely appear in conventional constitutional writing. [read post]
13 Jun 2022, 6:06 am by Jolynn Dellinger, Stephanie Pell
  In response to these risks, the Electronic Frontier Foundation (EFF) has released a guide with digital privacy and security tips for those involved in abortion access. [read post]
11 Jun 2022, 1:41 pm
To that end it is worth carefully considering the extent to which Chinese theory now suggests a coherent and well integrated conceptual basis, within the "life world" (rationalizing complex of foundational principles) of Leninism, of the role of political parties and of the system within which they operate. [read post]
8 Jun 2022, 7:00 am by Guest Blogger
The books of the Christian Bible were canonized by the 4th century, and although an omnipotent God could reveal a new prophet at any point, that has not happened. [read post]
7 Jun 2022, 8:13 am
And in any case, one can't fight 21srt century wars with the limited palette of 20th century techniques. [read post]