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2 Aug 2022, 9:01 pm by Michael C. Dorf
They did so in a pivotal solo opinion of Justice Lewis Powell and a concurring opinion of Justice William Brennan joined by three colleagues. [read post]
2 Aug 2022, 8:14 am by Eric Segall
 2) Liberal law profs (and some conservatives) often complain about the Court's re-writing of the 11th Amendment which provides the following:The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.This is the rare litigated constitutional provision that is completely clear. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
2 Aug 2022, 2:00 am by Guest Author
*This is the tenth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
31 Jul 2022, 5:53 am by Bill Henderson
This is embarrassing for a lawyer because we’re supposed to be “member[s] of a learned profession” who “cultivate knowledge of the law beyond its use for clients. [read post]
29 Jul 2022, 5:01 am by Jack Goldsmith
Jimmy Hoffa disappeared 47 years ago tomorrow. [read post]
27 Jul 2022, 5:01 am by Irina Manta, Cassandra Burke Robertson
Williams in 1904, the Court had the opportunity to consider citizenship for individuals born in the territories, but it dodged the question of whether the territories were covered by the citizenship clause of the Fourteenth Amendment. [read post]
25 Jul 2022, 2:00 am by Guest Author
*This is the fifth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
24 Jul 2022, 12:05 am by Frank Cranmer
Quick links Lucinda Chaplin and William Carter, Lexology: Gender Identity v Gender Beliefs. [read post]
22 Jul 2022, 3:24 pm by Kevin O'Keefe
Legal bloggers need to know the hand they’re being dealt from the start – or at least have a choice in changes.Medium has not closed its doors. [read post]
22 Jul 2022, 5:43 am by Bernard Bell
  See In Re Sponsorship Identification Requirements for Foreign Government-Provided Programming, Report and Order, FCC 21-42 (April 22, 2021)(adding subsection (j) to 47 C.F.R. [read post]
19 Jul 2022, 2:10 pm by Hannah Diaz
This year, we’re taking a new step to recognize the ways in which the digital world has fused with modern life. [read post]
18 Jul 2022, 2:45 pm by Kim Krawiec
Today we’re discussing his new working paper, “Sacred Children and Taboo Tradeoffs,” which is downloadable from SSRN: https://papers.ssrn.com/sol3/papers.cfm? [read post]