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3 Mar 2024, 12:24 pm by Josh Blackman
[Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.] [read post]
1 Mar 2024, 8:55 pm by Lawrence Solum
Josh Lens (University of Arkansas, Fayetteville, Recreation and Sport Management Program) has posted NIL Enforcement Preemption (Utah Law Review, Forthcoming)  on SSRN. [read post]
1 Mar 2024, 7:43 am by Ellena Erskine
& Elizabeth Price Foley, The Wall Street Journal) How a Trump Jan. 6 case my still go to trial before Election Day, despite Supreme Court (Josh Meyer, USA Today) The post The morning read for Friday, March 1 appeared first on SCOTUSblog. [read post]
29 Feb 2024, 9:01 pm by Austin Sarat
And even when an execution team does the right thing and stops an execution as it did in Creech’s case, the strategy of official denial and obfuscation seems to be irresistible.Thus, after Creech’s execution, Josh Tewalt, director of the Idaho Department of Corrections, downplayed the significance of what happened. [read post]
29 Feb 2024, 3:25 pm by Orin S. Kerr
Back in December, after Texas Governor Abbott signed into law an immigration enforcement law, S.B. 4, Josh Blackman and I had dueling posts (Josh's here, mine here) on whether S.B. 4 was preempted by federal law under the Supreme Court's decision in Arizona v. [read post]
29 Feb 2024, 2:38 pm by Rick Hasen
Josh Douglas has posted this draft on SSRN (forthcoming, Florida Law Review). [read post]
29 Feb 2024, 7:22 am by Ellena Erskine
Here’s the Thursday morning read: How the Supreme Court just threw Trump’s 2024 trial schedule into turmoil (Kyle Cheney & Josh Gerstein, Politico) In Taking Up Trump’s Immunity Claim, Supreme Court Bolstered His Delay Strategy (Alan Feuer, The New York Times) Supreme Court divided over ban on rapid-fire rifle bump stocks (Devin Dwyer, ABC News) NC, Iowa cases challenge federal agency’s actions ignoring Supreme Court (CJ Staff, The Carolina Journal) Oil companies… [read post]
29 Feb 2024, 4:30 am by Lawrence Solum
In an earlier piece by Josh Blackman and Seth Tillman, Is the President an “Officer of the United States” for Purposes of Section 3 of the Fourteenth Amendment? [read post]
28 Feb 2024, 4:47 am by Beatrice Yahia
Signup to receive the Early Edition in your inbox here. [read post]
28 Feb 2024, 3:07 am by Dan Filler
Josh Ward at Josh.Ward@KornFerry.com. [read post]
27 Feb 2024, 3:00 am by Jim Sedor
Campaign Finance Oregon: “Lawmakers Push to Pass Oregon Campaign Finance Limits in Next 2 Weeks, Amid Concerns About Loopholes” by Carlos Fuentes (Portland Oregonian) for MSN Elections National: “Court Battle Reveals Effort to Undermine No Labels Presidential Bid” by Michael Scherer (Washington Post) for MSN Ethics National: “Supreme Court Seems Divided on Cases That Could Lead to a Rethinking of the First Amendment” by Brian Fung and… [read post]