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The thought was this:Amongst the (many) downsides of living on an Indian reservation is the fact that any major crimes for which you're charged get prosecuted in federal court, which is substantially -- substantially -- tougher than state court. [read post]

California Appellate Report - http://calapp.blogspot.com/

[Eugene Volokh] Records of Library Removal Requests, Like Other Library User Records, Are Exempt from State Public Records Law

6 Oct 2023, 5:01 am by Eugene Volokh

So the Colorado Court of Appeals held yesterday in Brookhart v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Roberts Court's Overly-Aggressive and Constitutionally Unjustified Separation of Powers Jurisprudence

6 Oct 2023, 4:30 am by Eric Segall

This test stood the test of time, and there was no good reason to change it. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Reading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit

5 Oct 2023, 7:50 am by Dan Farber

NRDC v. [read post]

Legal Planet - https://legal-planet.org/

Is Anyone Disqualified? Mindless and Mindful Textualism in the Second Confiscation Act and Section Three of the Fourteenth Amendment

5 Oct 2023, 4:59 am by Mark Graber

His decision on circuit in United States v. [read post]

Balkinization - http://balkin.blogspot.com/

[Sasha Volokh] My amicus brief in today's Fifth Circuit horseracing case

4 Oct 2023, 7:54 am by Sasha Volokh

In Buckley v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Deferential Interpretation in the Indian Supreme Court

4 Oct 2023, 6:30 am by Guest Blogger

In practice, when a majority constitutes a government, it means that parliament and the executive can be closely aligned. [read post]

Balkinization - http://balkin.blogspot.com/

Key Takeaways from September 28 House Foreign Affairs Committee Hearing on AUMF Reform

4 Oct 2023, 5:50 am by Brian Finucane

Apparently referring to the Supreme Court’s holding in INS v. [read post]

Just Security - https://www.justsecurity.org/

Time to Hold Corporations Accountable for the Human Rights Impacts of Climate Washing

3 Oct 2023, 9:05 pm by renholding

Since the BP v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Inside the 2023 Draft Merger Guidelines: A Conversation with Michael Kades

3 Oct 2023, 11:25 am by Dan Lopez

Could you talk a little bit about why the agencies decided now is a good time to revise the guidelines? [read post]

Antitrust Today - https://constantinecannon.com/practice/antitrust-litigation-counseling/antitrust-today/

[David Bernstein] Students for Fair Admissions and the End of Racial Classification as We Know It (Re-Post)

3 Oct 2023, 7:39 am by David Bernstein

Here is the abstract: The Supreme Court's decision in Students for Fair Admissions, Inc. v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

To Whom are Caremark Duties Owed?

2 Oct 2023, 9:01 pm by renholding

He relied on Larson v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Dreading the Start of the Supreme Court Term

2 Oct 2023, 9:01 pm by Austin Sarat

In his view, the current Court has done a very good job of eschewing politics and applying the law. [read post]

Verdict - http://verdict.justia.com/

[Jonathan H. Adler] Justice Kavanaugh Really Wants to Hear More (Patent) Cases

2 Oct 2023, 7:19 am by Jonathan H. Adler

While a majority of the Court is presumably happy with this state of affairs (it takes only four justices to grant certiorari), not all of the justices think the Court's dwindling docket is a good thing. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] The 12th Annual Harlan Institute-Ashbrook Virtual Supreme Court

2 Oct 2023, 6:01 am by Josh Blackman

Good luck. [read post]

The Volokh Conspiracy - http://www.volokh.com/