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21 Feb 2024, 1:34 pm by Eric Goldman
(I have a partially complete 4k word draft lurking in my drafts folder, but it will likely never see the light of day). [read post]
21 Feb 2024, 9:00 am by William Banks
” Although the terms of the Insurrection Act suggested that the militias would be federalized when civilian authorities were overwhelmed, in 1827 the Supreme Court indicated, in a case called Martin v. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
20 Feb 2024, 6:19 am by Second Circuit Civil Rights Blog
The Court of Appeals says qualified immunity cannot attach at this early stage of the case.The case is Mehaylo v. [read post]
20 Feb 2024, 5:50 am by Maggie Mills
Convention on Jurisdictional Immunities of States and Their Property, understood by the International Court of Justice (ICJ) to “shed light” on customary sovereign-immunity rules, provides no exception that would permit the seizure of Russian central bank assets. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
16 Feb 2024, 12:00 pm by Evan Brown
(One has to consider whether these would pass First Amendment scrutiny, particularly in light of recent decisions such as the one in NetChoice v. [read post]
16 Feb 2024, 12:00 pm by Eugene Volokh
From Massachusetts judge Brian Davis's opinion Monday in Smith v. [read post]