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31 Oct 2022, 4:00 am by Michael C. Dorf
For the fairly obvious reason that in each case, the first certiorari question is whether the Court should overrule Grutter v. [read post]
31 Oct 2022, 4:00 am by Guest Author
”  Siegel focuses on what such an argument might look like in the context of constitutional arguments about liberty and equality in the family, but she also touches on how it might have improved upon the male-centered analysis of federalism in United States v. [read post]
30 Oct 2022, 4:00 pm by James Romoser
But if the justices endorse the “independent state legislature” theory, state legislatures will gain new power to enact new voting restrictions — many of which disproportionately affect people of color. [read post]
ShareNearly 100 amicus briefs were filed in Students for Fair Admissions v. the University of North Carolina and Students for Fair Admissions v. [read post]
28 Oct 2022, 2:46 pm by Eugene Volokh
Section 11(b) of the Voting Rights Acts states that no person, "whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote. [read post]
26 Oct 2022, 3:00 pm by David Bernstein
Universities could be “color-blind,” while retaining the ability to redress the lingering harms from state-sponsored racism without triggering strict scrutiny that applies to racial classifications under the 14th Amendment. [read post]
25 Oct 2022, 9:01 pm by Michael C. Dorf
Consider three cases decided earlier this year.In New York State Rifle & Pistol Ass’n, Inc. v. [read post]
21 Oct 2022, 8:30 am by Camilla Hrdy
Coke then secured three design patents for different versions of the Coke bottle shape and used those to sue other sellers like Whistle, which was using a somewhat similar bottle shape but selling "brightly colored soda" (8) instead of the dark colored soda Coke is known for. [read post]
21 Oct 2022, 6:30 am by Second Circuit Civil Rights Blog
" Another trainer embarrassed plaintiff by repeatedly and loudly stating that plaintiff had failed an exercise. [read post]