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15 Aug 2024, 6:00 am by Guest Blogger
The book argues that the binary state-versus-federal-government model that is today taken to be the essence of American federalism does not correspond to the legal or political reality of the United States in the early nineteenth century. [read post]
14 Aug 2024, 9:42 pm by Chukwuma Okoli
Fourth, the Convention does not address the jurisdiction to adjudicate (“direct jurisdiction”) but rather assesses how the court of origin exercised jurisdiction based on minimum acceptable conditions (“indirect jurisdiction”). [read post]
14 Aug 2024, 9:01 pm by Austin Sarat
”Jurisdiction stripping, especially regarding matters of constitutional interpretation, makes some commentators nervous and rightly should not be undertaken lightly. [read post]
14 Aug 2024, 8:55 pm by Lawrence Solum
For criminal immunity to matter, Congress must have constitutional authority to criminalize certain conduct. [read post]
14 Aug 2024, 4:19 pm by Alysia LeComte
Is it merely hopeful messaging, or does it affect the rights and behaviors of New Yorkers in a meaningful way? [read post]
14 Aug 2024, 1:41 pm by Eugene Volokh
" Harassment involves "repeated or continuing unconsented contact," but it "does not include constitutionally protected activity or conduct that serves a legitimate purpose. [read post]
14 Aug 2024, 12:58 pm by Eugene Volokh
We conclude that the July 19 order is a prior restraint and that, on the facts of this matter, the heavy presumption against prior restraints has not been overcome…. [read post]
14 Aug 2024, 12:30 pm by Guest Blogger
On the many matters they do address, this reader is convinced that they are right. [read post]
14 Aug 2024, 10:31 am by Phil Dixon
A newly announced federal procedural rule does not entitle a defendant to post-conviction relief as a matter of federal law. [read post]
14 Aug 2024, 10:20 am by Benjamin Herbst
 Typically when we see a restaurant owner arrested after a fire it is due to an allegation of arson, but that does not appear to be the case here. [read post]
14 Aug 2024, 8:15 am by Robert McAvoy
  Employee Political Discourse   As an initial matter, in most cases, federal law does not protect employees’ political speech or views from the actions of private employers. [read post]
14 Aug 2024, 4:33 am by Jon Hyman
To make matters worse, the employer seemingly admitted its misconduct in a post on its official Instagram page: "It is a decision that DBDT does not take lightly, but one that is necessary to preserve our legacy of professionalism and excellence in dance. [read post]