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4 Mar 2024, 12:47 pm
 Pix credit here The majority’s choice of a different path leaves the remaining Justices with a choice of how to respond. [read post]
2 Mar 2024, 6:08 am
I hope to share those discussion drafts with a wider audience in hopes of getting feedback.In these posts I provide a short summary of the draft chapter and a link t access a 'pdf' version. [read post]
28 Feb 2024, 2:06 pm by Guest Author
Chief Justice Burger and Justices Brennan and O’Connor voted to affirm (though O’Connor later recused after inheriting stock in litigating companies). [read post]
27 Feb 2024, 6:05 am by Katherine Yon Ebright
Former President Donald Trump has promised voters that, if re-elected, he would “immediately” invoke the Alien Enemies Act to effect mass deportations of non-citizens from Mexico. [read post]
17 Feb 2024, 11:36 am by Eugene Volokh
(explaining that "[o]ne may take the property of another honestly but mistakenly believing … that it is his own property" and in that event "he lacks the intent to steal required for larceny, even though his mistaken but honest belief was unreasonable" (footnote omitted)); 50 Am. [read post]
14 Feb 2024, 7:48 am by Kevin LaCroix
From left to right: Kim Ward; John Gotz; Matt Bush; and Huy Le. [read post]
10 Feb 2024, 11:12 pm by Josh Blackman
On August 6, 1787, the Committee of Detail reported on a draft provision in which Congress had the power "[t]o Appoint a Treasurer by ballot[.] [read post]
9 Feb 2024, 5:55 am by Tess Bridgeman
Goldston (@JamesAGoldston) (January 31, 2024) Why the ICJ Ruling Misses the Mark: Mitigating Civilian Harm With An Enemy Engaged in Human Shielding By Claire O. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
But I don’t think that this Court should take those threats too seriously in its resolution of this case. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
As Senator Jacob Howard explained in 1868, "[N]o greater encouragement could have been given to the rebels than the resignation of the leading Cabinet officers … Does anybody doubt that John B. [read post]
3 Feb 2024, 8:34 am by Russell Knight
John Heart Clinic, S.C., 225 Ill. 2d 52, 70 (2006) A material breach is a big breach. [read post]