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16 Sep 2022, 9:14 am by Chris Skelton and Kara Simon
Framing the right to bear arms as an individual right limits the ability of a state to restrict the possession and use of firearms. [read post]
15 Sep 2022, 9:01 pm by Austin Sarat
But it would be a risky mistake to dismiss or ignore this latest gambit.Even so, we should not miss the elements of a head-spinning flip-flop that have accompanied this move.In May, following the leak of Justice Samuel Alito’s Dobbs v Jackson Women’s Health opinion, Graham praised its embrace of states’ rights.As he put it at the time, “If the Court overturns Roe v. [read post]
15 Sep 2022, 4:00 am by Administrator
We also often cite those who frame problems in ways that speak against us. [read post]
14 Sep 2022, 7:45 am by Eugene Volokh
Let's now consider how these principles might apply to state regulations of social media platforms, and in particular to statutes (whether framed as public accommodations statutes or quasi-common-carrier statutes) that ban discrimination based on various attributes of a user or of the user's speech. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  I happily dedicated my book Framed to both Mark and Jack Balkin, who also certainly qualifies as a member of my close, albeit non-biological, family. [read post]
12 Sep 2022, 9:00 pm by Kyle Hulehan
Proponents of the amendment have framed the issue as a response to income inequality, with the surtax advertised as only affecting the wealthiest residents of the Bay State and thus ensuring that the wealthy pay their fair share. [1] This motivation is unsurprising in a state known for its progressive politics, and the Commonwealth’s flat-rate income tax is anomalous in a tax code that otherwise bears the hallmarks of progressive taxation. [read post]
12 Sep 2022, 7:23 pm by John Floyd
  Qualified Immunity   In 1989, the United States Supreme Court in Graham v. [read post]
12 Sep 2022, 6:00 am by jonathanturley
” Later, Chief Justice John Marshall also was burned in effigy after writing the famous opinion in Marbury v. [read post]
7 Sep 2022, 5:01 am by Marc DeGirolami
Or consider the doctrine of state sovereign immunity, which the Court said in Alden v. [read post]
7 Sep 2022, 4:00 am by Administrator
Action4Canada v British Columbia (Attorney General), 2022 BCSC 1507 (CanLII) [71] Put simply, individuals have standing to question whether state actions infringe their Charter protected rights. [read post]
5 Sep 2022, 5:25 am by Lawrence Solum
Part V unpacks the selectivity argument in light of recent international action against Russian aggression in Ukraine. [read post]
4 Sep 2022, 4:30 am by jonathanturley
Indeed, it almost had that High Chancellor Adam Sutler look from V for Vendetta. [read post]