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9 Jan 2011, 9:01 pm
By Mike Dorf In a very interesting opinion last week in Byrd v. [read post]
21 Aug 2012, 1:00 am
 But if the triggering condition is mere falsity (rather than purposeful or knowing falsity), we risk opening the floodgates to litigation by sellers and manufacturers of sundry products subject to disclosure regimes, each claiming that the mandated disclosure is false. [read post]
11 Jan 2012, 8:05 pm
 The majority opinion in Hosanna-Tabor arguably leaves that open as a possibility, but only inadvertently, it seems. [read post]
13 Dec 2010, 7:01 pm
By Mike Dorf In striking down the individual mandate provision of the Patient Protection and Affordable Care Act, Judge Hudson reached a conclusion that I think is pretty clearly wrong, as I've noted before and as I'll unpack a bit more below. [read post]
29 May 2011, 11:44 am
 Killing bin Laden satisfied an important national need and may open up opportunities for a political solution in Afghanistan. [read post]
10 May 2011, 7:28 pm
By Mike Dorf Let's assume that some number of people in the Pakistani military and intelligence services knew where Osama bin Laden was hiding but either kept the information to themselves or took active measures to shield him. [read post]
12 Jan 2012, 6:11 am
 The majority opinion in Hosanna-Tabor arguably leaves that open as a possibility, but only inadvertently, it seems. [read post]
3 Oct 2011, 10:38 am
By Mike Dorf Last week, in Log Cabin Republicans v. [read post]
9 Feb 2011, 7:58 pm
By Mike Dorf Yesterday brought news that 16 freshmen members of Congress had declined federal health insurance. [read post]
5 Apr 2010, 6:56 am
By Mike Dorf Over half a century ago, Herbert Wechsler wrote an article that has been much-maligned for two reasons, one good and one not so good. [read post]
16 Apr 2012, 8:21 pm
By Mike Dorf Last week I attended a lecture by Professor Hanno Kube  of Gutenberg University on the European Debt Crisis and the Rule of Law. [read post]
4 Jan 2011, 7:14 pm
 Suppose you are a state AG trying to decide whether to defend a law in court when you think the law is unconstitutional but when you know that its validity is an open question. [read post]
20 Jun 2011, 5:08 am
By Mike Dorf As I write, New York appears poised to become the most populous American state to legalize same-sex marriage by legislation. [read post]
28 Jul 2011, 10:23 am
By Mike Dorf Consider this another in my occasional series that might be titled something like What's Wrong with our Constitution. [read post]
4 Mar 2012, 3:58 pm
By Mike Dorf If you had asked me just a month ago to list issues that Republicans might use to try to appeal to conservative voters, I'm pretty sure that contraception would not have made my top 20. [read post]
30 May 2010, 11:54 am by Gritsforbreakfast
Mike Ward at the Austin Statesman has a feature today ("More programs, fewer beds could help prisons' bottom line," May 30) covering themes that will be familiar to Grits readers: "For Texas, a state that officials say has never closed an entire adult prison, a public discussion could be coming to do just that. [read post]
16 Feb 2011, 12:27 pm by Gritsforbreakfast
Mike Ward at the Austin Statesman has a story today ("State looking at release of foreign, or sick inmates") in which legislators finally acknowledge the elephant in the room: Cutting as much at the Department of Criminal Justice as proposed in the draft House an Senate budgets will require policy changes to reduce the real number of human beings locked up, beyond just cutting the budget. [read post]
1 Dec 2010, 9:45 am by Eric Lipman
Lots of bloggers have weighed in on Zhou's piece, including Mike Barthel at The Awl ("Denying the... [read post]