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1 May 2022, 6:15 am by Lawrence Solum
  In that context, the baseline problem is strongly associated with Cass Sunstein, and especially with his analysis of the United States Supreme Court's decision in Lochner v. [read post]
1 May 2022, 1:45 am by Frank Cranmer
In LF v SCRL [2022] EUECJ C‑344/20 (Opinion), Advocate General Medina suggests at [60] that “Article 8 of Directive 2000/78 must be interpreted as permitting Member States to adopt … autonomous protection as a means legitimately to determine, first, whether employees concerned by religious clothing obligations should not be placed, as a matter of principle, in a situation where they might need to choose between observing the obligations deriving… [read post]
29 Apr 2022, 11:51 am by Andrew Hamm
The state trial court ruled that McCoy did not fit within the Supreme Court’s exceptions under Teague v. [read post]
29 Apr 2022, 8:50 am by Tess Bridgeman
It grew more complex as an array of state and non-state actors took sides in Assad’s civil war and terrorist groups also began vying for territory and control. [read post]
29 Apr 2022, 6:48 am by Jim Dempsey
Court of Appeals for the Sixth Circuit said in its 2009 United States v. [read post]
29 Apr 2022, 6:30 am by Guest Blogger
Elsewhere I discuss the potential benefits of mandatory retirement ages and 18-year single term approaches.[6]Here I discuss an alternative approach that Congress could constitutionally effectuate by statute and that might avoid at least some of the risks of being viewed as a naked partisan power grab inviting further partisan power grabs back. [read post]
28 Apr 2022, 9:01 pm by Caroline A. Crenshaw
Thank you Hal [Scott] for that kind introduction and for inviting me to speak today. [read post]