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9 Jun 2022, 2:27 pm by Eugene Volokh
" Merely "[b]eing in a state of nudity" is not ordinarily expressive conduct entitled to First Amendment protection. [read post]
On the assumption that five Supreme Court Justices—Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—are prepared to overrule Roe v. [read post]
8 Jun 2022, 7:00 am by Guest Blogger
This post was prepared for a roundtable on Constitutional Faith and Veneration, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
5 Jun 2022, 9:05 pm by Eric W. Orts
 They go so far as to describe their restatement as an “exhortation” in favor of an exclusionary economic objective, though recognizing that this does not require following the mantra to “maximize shareholder value,” at least not “in the short run” (§ 2.01, cmt. e). [read post]
5 Jun 2022, 6:00 am by Lawrence Solum
Thomas Colby has made a version of this argument, and a similar argument has been advanced by Peter Smith. [read post]
3 Jun 2022, 4:30 am by Eric Segall
Yes, you read that right.Justice Thomas wrote that "we now hold that, under §2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on ineffective assistance of state postconviction counsel. [read post]
1 Jun 2022, 9:00 pm by Vikram David Amar
” With respect to presidential electors, Article II provides that “[e]ach state shall appoint, in a manner the legislature thereof may direct, [a set of electors]. [read post]
28 May 2022, 7:51 am by Eric Segall
” He then amended 13 years of disclosure forms.In other related news, Thomas did report Ginny's income on his disclosure forms from 1992-1996.3) While Ginny Thomas was e-mailing Arizona legislators urging them to overthrow the 2020 election and appoint their own electors, Justice Thomas was advocating a legal rule, the independent state legislature doctrine, that would give state legislatures complete control over the electoral college… [read post]
25 May 2022, 6:30 am
A Flesh-and-Blood Perspective on Hedge Fund Activism and Our Strange Corporate Governance System by Leo E. [read post]
25 May 2022, 6:30 am
A Flesh-and-Blood Perspective on Hedge Fund Activism and Our Strange Corporate Governance System by Leo E. [read post]
25 May 2022, 6:03 am by Eugene Volokh
The post Ohio Court of Appeals Adopts "Discovery Rule" in Libel Case Involving a Forged E-Mail appeared first on Reason.com. [read post]
24 May 2022, 9:17 am by Thomas Pyles
While nothing can replace […] The post Gun Negligence and Wrongful Death Claims appeared first on The Law Offices of Thomas E. [read post]
24 May 2022, 9:17 am by Thomas Pyles
While nothing can replace […] The post Gun Negligence and Wrongful Death Claims appeared first on The Law Offices of Thomas E. [read post]