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27 Feb 2014, 6:29 am by Matthew L.M. Fletcher
Kristen Carpenter and Lorie Graham have posted a very compelling and powerful paper about the Supreme Court’s decision in Adoptive Couple v. [read post]
3 Feb 2014, 6:34 am by Juan Antúnez
Here’s the problem: the Carpenter factors are specific to wills (i.e., testamentary gifts) and are of little use in the lifetime (inter vivos) gift context; and no list of indicia of active procurement for lifetime gifts has ever been adopted by our courts. [read post]
9 Dec 2013, 8:05 am by Ilya Somin
Among my favorite books by VC authors are Randy Barnett’s Restoring the Lost Constitution (now available in a new edition), David Bernstein’s Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
26 Nov 2013, 10:55 am by Will Baude
(Will Baude) Yesterday, Michael McConnell and I filed an amicus brief in NLRB v. [read post]
26 Sep 2013, 6:43 pm by Dale Carpenter
(Dale Carpenter) Why is the Defense of Marriage Act unconstitutional? [read post]
20 Sep 2013, 6:00 am by Jon Robinson
This “celebration” rule could eventually be challenged, despite the practical usefulness of a uniform rule–as discussed by Dale Carpenter on The Volokh Conspiracy. [read post]