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22 May 2023, 9:01 pm
” Even the most committed textualist should find that laughable.To be fair, Klein frames that discussion as a matter of asking what three arch-conservative Supreme Court justices—John Roberts, Brett Kavanaugh, and Neil Gorsuch—might be convinced to endorse, and he notes later in the essay that this Supreme Court has shown us that once-nutty arguments are no longer off the table.Even so, when Klein turns his attention to the second argument, this is his transition sentence:… [read post]
22 May 2023, 7:47 pm
Many people will have read the good news at Brian Leiter’s blog (here) announcing the recent election of three law professors to the American Philosophical Society: James Forman (Yale), Catharine MacKinnon (Michigan/Harvard), and Dorothy Roberts (Penn). [read post]
22 May 2023, 10:33 am
“Supreme Court saves California’s bacon with this ruling; The Supreme Court wisely allowed California to go its own way”: Robert J. [read post]
22 May 2023, 9:02 am
Ernie Walton, Religious Charter Schools: The Time Has Come, (Regent University Law Review, Pro Tempore, Forthcoming).Robert J. [read post]
21 May 2023, 9:00 pm
As the country and the world await news of whether Republicans’ decision to use the debt ceiling as a political weapon will lead to utter catastrophe, pundits and reporters alike are asking whether there is an out that would allow the Democrats to sidestep the Republicans’ attempted extortion.The question is: “out” from what, exactly? [read post]
21 May 2023, 11:23 am
Ronald J. [read post]
21 May 2023, 9:14 am
Castro-Huerta -- Rebalancing Federal-State-Tribal Power Stacy Leeds, Robert J. [read post]
20 May 2023, 6:29 am
With less than 2 weeks to go before 1 June 2023, it was about time for the UPC to tie several loose ends and to clarify various questions before becoming (more or less) fully operative. [read post]
18 May 2023, 10:41 am
Goldsmith, written by Justice Kagan and joined by Chief Justice Roberts (see pdf pp. 81-83). [read post]
18 May 2023, 5:14 am
Last month, a Manhattan grand jury indicted Donald J. [read post]
17 May 2023, 4:30 am
Gary J. [read post]
16 May 2023, 9:01 pm
House Republicans show no sign of releasing the hostages, continuing their threat to try to force the United States into defaulting on its obligations for the first time in history. [read post]
16 May 2023, 8:53 am
ROBERTS, C. [read post]
15 May 2023, 9:05 pm
Robert Hockett, “Stop the Charade: The Federal Budget Is Its Own ‘Debt-Ceiling,’” Forbes, Jan. 19, 2023, https://www.forbes.com/sites/rhockett/2023/01/19/stop-the-charade-the-federal-budget-is-its-own-debt-ceiling/? [read post]
15 May 2023, 2:02 pm
In a new filing on May 15, Georgia prosecutors asked Judge Robert McBurney of the Fulton County Superior Court to dismiss or deny motions by former President Donald J. [read post]
15 May 2023, 6:15 am
Raich (2005) (Thomas, J., dissenting) (internal quotation marks omitted); see also United States v. [read post]
15 May 2023, 1:53 am
Johnson J reached the same decision as Heather Williams J ([2023] EWHC 232 (KB) [pdf]). [read post]
14 May 2023, 9:05 pm
This post comes to us from professors J. [read post]
14 May 2023, 9:00 pm
Desperate times demand desperate measures. [read post]
14 May 2023, 9:15 am
Castro-Huerta -- Rebalancing Federal-State-Tribal Power Stacy Leeds, Robert J.... [read post]
