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1 Jun 2022, 9:00 pm by Vikram David Amar
It seems the Supreme Court will soon decide whether to grant review in the very significant case in which Republican challengers argue that the North Carolina Supreme Court overstepped federal constitutional bounds when it invalidated—as being inconsistent with the state constitution’s prohibitions on excessive partisanship—the congressional districting done by the North Carolina elected legislature. [read post]
31 May 2022, 6:43 am by familoo
It may be that in this regard Clibbery v Allan is now a dead letter and that Lykiardopulo was wrongly decided. [read post]
26 May 2022, 4:16 am by Emma Snell
Signup to receive the Early Edition in your inbox here. [read post]
24 May 2022, 9:05 pm by Sabrina Minhas
Davis and his coauthors situate their argument for antiracist antitrust law in the context of Cung Le v. [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
In light of the discretion imparted by the consent form, “the plaintiff[s’] contention that the alleged malpractice resulted in legally cognizable damages is conclusory and speculative inasmuch as it is premised on decisions that were within the sole discretion of the [hospital]” (Bua v Purcell & Ingrao, P.C., 99 AD3d at 848; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 436; Dempster v Liotti, 86 AD3d at… [read post]
18 May 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
That was the knock, of course, on the infamous (and thoroughly discredited) Bush v. [read post]
18 May 2022, 2:47 pm by Keith E. Whittington
Eugene Davis dissented from all three constitutional conclusions. [read post]
17 May 2022, 10:43 am
   Eric Freedman, who has been keeping me informed for more than four decades, has called to my attention the fine opinion Judge Jerry Smith for a unanimous panel of the Fifth Circuit in United States v. [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
Perhaps the best starting point for analysis of the compelled-speech realm remains Wooley v. [read post]