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27 Jan 2015, 9:01 pm by Joanna L. Grossman
The day that proponents and opponents of same-sex marriage have variously feared and desired has come: The Supreme Court has agreed to decide once and for all whether it is unconstitutional for states to ban the celebration of marriages by same-sex couples and/or to refuse recognition to such marriages validly celebrated out of state. [read post]
28 Mar 2022, 9:01 pm by Michael C. Dorf
Nominees deploy what then-Professor Elena Kagan called a “pincer movement,” declining to answer specific questions because doing so supposedly “might forecast a vote and thus contravene the norm of judicial impartiality,” but also refusing to answer general questions because judges deal in concrete cases, not hypotheticals or abstractions. [read post]
13 Mar 2011, 8:14 pm
 Now I'll consider another example, which will come with some practical advice for legal scholars and aspiring legal scholars. [read post]
23 Mar 2011, 5:10 pm by INFORRM
Yet despite the obvious public interest in the Court’s work, relatively little is known about the institution itself or the cases that come before it. [read post]
22 Aug 2016, 4:57 am by Matthew L.M. Fletcher
These legal norms impose obligations on states both to recognize this right and to take affirmative steps to allow indigenous people to realize it. [read post]
20 Aug 2012, 11:19 am by Barry Friedman
The connective theme Here, though, is where Bickel’s real contribution comes in, the one that deserves a lot more of our attention today. [read post]
15 Aug 2016, 6:53 am by Howard Iken
  According to Rosenfeld, the reason more women ask for divorces than men is that men are more likely than women to be “content” when they get married, as well as the fact that “there is a certain degree of male privilege and expectation that comes with marriage. [read post]
14 Feb 2010, 3:45 pm by Lawrence Solum
Introduction Distributive justice is one of the central topics of political philosophy and plays a key role in contemporary debates about normative legal theory. [read post]
8 Jun 2011, 10:54 am by Robert Chesney
This is particularly true when the risks to civilians come from the soldiers’ own violence. [read post]
2 May 2018, 6:23 am by Robichaud
I should add, this is aggravated further by the lack of clear guidelines (perhaps to come from the Regulations) on secure cultivation, storage, and handling akin to what we see in firearms legislation. [read post]
26 Apr 2015, 12:22 pm by Lyle Denniston
Those lawsuits, though, were aimed at the cultural institution of marriage whose norm for ages had been that only a man and a woman could enter it. [read post]
24 Apr 2014, 7:40 am by Devlin Hartline
And that is not just me coming up with a clever distinction. [read post]
6 Jan 2023, 6:02 am by Richard Hunt
In 1974, when Village of Belle Terre was decided, it might have still been arguable that single-family neighborhoods were stable places were neighbors were friends, streets were quiet and two cars was the norm. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
The question is whether UT can, on top of that program, give a preference to applicants who come from underrepresented racial groups such as blacks and Latino(a)s. [read post]
28 Apr 2022, 5:55 am by Naomi Roht-Arriaza
The broad temporal and thematic mandate of the TDC meant that its resources were inadequate and delays were the norm. [read post]
7 May 2011, 5:35 am by Rebecca Tushnet
Intermediary liability/tailored safe harbors would come in there. [read post]
25 Jun 2024, 6:43 pm by Benson Varghese
Mandatory Reporting Requirement in Texas Mandatory Reporting refers to the legal obligation of individuals to report suspected cases of child abuse or neglect to the appropriate authorities. [read post]