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In the Shadow of Oliver Wendell Holmes
13 Feb 2024, 6:30 am by Guest Blogger
He left the bulk of his estate to the United States.[2] He never explained what he expected the United States to do with the money, which was then the largest unrestricted gift ever made to the federal government.[3] “Taxes are the price we pay for civilized society,” he’d once written in a famous dissent.[4] Was the bequest a kind of tax he felt he owed the country? [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson: Collected Posts
9 Feb 2024, 4:11 am by Marty Lederman
Below are links to the complete series of my posts on Trump v. [read post]
Balkinization - http://balkin.blogspot.com/
News Roundup
9 Feb 2024, 3:00 am by Shea Denning
  See State v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
A User’s Guide to Trump v. Anderson, Part Eight: The First Amendment/Right to Vote/Federalism-Based "Off-Ramp" Argument that is Likely to Carry the Day
8 Feb 2024, 9:44 am by Marty Lederman
Celebrezze and other election law cases (including importantly, Democratic Party v. [read post]
Balkinization - http://balkin.blogspot.com/
[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"
8 Feb 2024, 9:36 am by Eugene Volokh
The story of Floyd and his cabinet co-conspirators was the paradigm case that shaped Section 3. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
  And in support of that proposition, Gorsuch cited two Supreme Court cases—Munro v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
  And in support of that proposition, Gorsuch cited two Supreme Court cases—Munro v. [read post]
Balkinization - http://balkin.blogspot.com/
Beyond the Bench: Insights into the Oliver Wendell Holmes Devise
7 Feb 2024, 10:30 am by Taylor Gulatsi
In 1938, Congress established a nine-person Oliver Wendell Holmes Devise Committee with representatives from the United States House of Representatives, the United States Senate, and the United States Supreme Court. [read post]
In Custodia Legis - http://blogs.loc.gov/law
Bad Beat: Iowa Gambling Probe Allegedly Violated Student Athletes’ Constitutional Rights with Warrantless Geofence
5 Feb 2024, 2:13 pm by Washington Journal of Law, Technology & Arts
In the landmark case Carpenter v. [read post]
Law, Technology & Arts Blog - http://wjlta.wordpress.com/
Untitled
4 Feb 2024, 5:57 pm by Bruce Ackerman
  Reed then explicitly rejects the Lederman view, in a discussion which concludes:   The United States is a constitutional democracy. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern
4 Feb 2024, 1:01 pm by Josh Blackman
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Tereshchenko v. Karimi, 2024 WL 80427( S.D. New York.2024) - [Ukraine] [Petition for return of children to Father in France Granted]
4 Feb 2024, 9:50 am by Joel R. Brandes
Q v. [read post]
A Child is Missing - http://joelbrandes.blogspot.com/
Supreme Court to decide whether insurrection provision keeps Trump off ballot
2 Feb 2024, 1:14 pm by Amy Howe
ShareThe Supreme Court will hear oral arguments on Thursday in what is shaping up to be the biggest election case since its ruling nearly 25 years ago in Bush v. [read post]
SCOTUSblog - http://www.scotusblog.com/
The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
1 Feb 2024, 6:05 am by Kate Huddleston
” In the 2012 touchstone decision Arizona v. [read post]
Just Security - https://www.justsecurity.org/
Skadden Discusses Securities Class Actions in 2024
31 Jan 2024, 9:01 pm by renholding
For instance, in 2023, plaintiffs filed at least seven class actions against financial institutions, accusing them of downplaying liquidity and other concerns stemming from rising interest rates. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Direct to Beneficial: Change of Corporate Ownership Structure Yields No Right to Dissent and Seek Appraisal
29 Jan 2024, 4:46 am by Franklin C. McRoberts
(“Simry”) was a family-owned real estate corporation with direct ownership and legal title to seven multi-unit residential real properties in Manhattan. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
27 Jan 2024, 7:54 pm by Josh Blackman
Anderson, the Section 3 case. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The Supreme Court Gets a New Opportunity to Oppose Racism in America’s Death Penalty
21 Jan 2024, 9:01 pm by Austin Sarat
If the battle to root out racial prejudice in capital cases is ever to be won, it will require that we not turn a blind eye to cases like Warren King’s.That case also offers the Court a chance to send a clear message about the seriousness with which it takes violations of its 1986 Batson v. [read post]
Verdict - http://verdict.justia.com/
mistaken calls from nonpurchasers have little weight in real estate TM case
19 Jan 2024, 8:32 am by Rebecca Tushnet
Rampart Resources, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Joint Basis for FDA/HHS Marijuana Rescheduling Recommendation Unveiled
18 Jan 2024, 7:25 pm by Kurt R. Karst
  FDA found that marijuana continued to have a high potential for abuse, lacked accepted safety for use under medical supervision and had no currently accepted medical use in treatment in the United States. [read post]
FDA Law Blog - https://www.thefdalawblog.com/