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3 Jan 2023, 8:30 am
This has been well understood in the context of the construction of sexual minorities, and then the application of that construction to the mechanics of law (see, Constructing a "Homosexual" for Constitutional Theory: Sodomy Narrative, Jurisprudence, and Antipathy in United States and British Courts). [read post]
2 Jan 2023, 9:01 pm by Scott Harshbarger and Dennis Aftergut
Mayes’ predecessor, Republican Mark Brnovich, was the lead petitioner in Brnovich v. [read post]
2 Jan 2023, 6:30 am by Guest Blogger
See Delaney & Mason, Solidarity Federalism (discussing the role of federal citizenship and internal minorities in seceding states) [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
  JUNE The Supreme Court, in a 6-3 decision, overturned Roe v. [read post]
27 Dec 2022, 9:01 pm by Austin Sarat
The last half century has witnessed extraordinary, almost unimaginable, changes in how Americans think about the death penalty.Fifty years ago, in 1972, the United States Supreme Court brought a temporary halt to capital punishment in Furman v. [read post]
27 Dec 2022, 6:30 am by Guest Blogger
” (This latter point becomes the focus of my later essay on A Mantra in Search of Meaning, also published as part of a symposium, this one at the University of North Carolina Law School celebrating the 40th anniversary of Baker v. [read post]
23 Dec 2022, 5:09 am by Scott Bomboy
Oldham wrote in September 2022 that social media companies do not have a right to “muzzle” free speech and act more like common carriers that are “central public forums for public debate and have enjoyed governmental support in the United States. [read post]
21 Dec 2022, 3:25 am by SHG
Last Thursday, however, a far-right panel of the United States Court of Appeals for the Fifth Circuit effectively eliminated state prisoners’ right to seek what is known as a “writ of habeas corpus” when they are imprisoned in violation of the Constitution or federal law, except in cases of “factual innocence. [read post]
19 Dec 2022, 4:00 am by Eric Segall
 By Eric SegallThis was a no good, terrible, very bad year at the Supreme Court of the United States. [read post]