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8 Jul 2023, 10:45 pm by Tess Graham
Expand all Collapse all Diplomacy At the NATO Summit, Do the Right Thing for Ukraine’s — and Democracy’s — Futureby Ambassador Daniel Fried (@AmbDanFried) (July 7, 2023) Expert Q&A on What… [read post]
4 Jul 2023, 9:02 pm by Vikram David Amar
Harper forcefully repudiated the essence of the so-called “Independent State Legislature”(ISL) theory—the notion that because the Elections Clause of Article I of the U.S. [read post]
23 Jun 2023, 5:39 am by Neil Wilkof
[W]hen the realisation of a subject matter has been dictated by technical consider [read post]
12 Jun 2023, 1:09 pm by admin
I call these scientific Dred Scott cases, which illustrate that sometimes science has no criteria of validity that the law is bound to respect. [read post]
5 Jun 2023, 3:46 pm by David Kopel
The observing committee –which including two American generals and scientist David Rittenhouse–wrote to the Continental Congress urging adoption of the gun. [read post]
1 Jun 2023, 11:53 am by David Kopel
The observing committee –which including two American generals and scientist David Rittenhouse–wrote to the Continental Congress urging adoption of the gun. [read post]
31 May 2023, 2:01 pm by Guest Author
[14] He then countered the claim that the provision’s placement in Art.1 addressed the issue at hand: but the Constitution itself is silent as to which or who is to exercise the power; and as the provision was plainly made for a dangerous emergency, it cannot be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this… [read post]
29 May 2023, 9:01 pm by Vikram David Amar
Tam (rejecting the federal government’s argument that the registration of trademarks constituted government speech) powerfully put the point (with my emphasis added): [W[hile the government-speech doctrine is important—indeed, essential [insofar as government has to be able to speak sometimes] —it is a doctrine that is susceptible to dangerous misuse. [read post]
18 May 2023, 6:30 am by Guest Blogger
Constitution often called “exigencies” that call into question this liberal hope for a “Goldilocks point” between governmental power and sufficient protection of popular liberty or achieving social justice. [read post]
16 May 2023, 3:35 pm by David Kopel
Lead attorneys were David Jensen in Koons and Daniel Schmutter in Siegel. [read post]
3 May 2023, 9:03 pm by renholding
All we can do is respond to discrete calls for relief from regulatory obligations. [read post]