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7 May 2014, 6:40 am
On Monday, the Supreme Court issued a noteworthy summary reversal in Tolan v. [read post]
26 Aug 2014, 6:30 am
Last May I noted a recent cert. petition challenging the use of judge-found facts to increase a federal sentence. [read post]
25 Jul 2014, 5:55 am
The other day I posted about the various split opinions in the Seventh Circuit en banc case of Marakadonatos — the $30 arrest fee case. [read post]
1 Feb 2014, 7:37 am
Many readers who have heard of Professor Richard Epstein may be interested in the following. [read post]
5 Apr 2014, 6:09 am
With Season 4 of the much-acclaimed “Game of Thrones” series on HBO beginning Sunday, I wanted to offer two thoughts about the show so far. [read post]
22 Apr 2014, 1:00 pm
On Friday, President Obama signed into law S.2195, a unanimously-enacted bill designed to prevent Hamid Aboutalebi from entering the United States as U.N. ambassador from Iran. [read post]
18 Dec 2014, 10:46 am
The final response to Steve Smith’s originalism essay is up — Saving Originalism’s Soul by Steve Sachs. [read post]
18 Apr 2017, 4:31 pm by Will Baude
A Burlington Northern Santa Fe (BNSF) train moves through Cajon Pass near San Bernardino, Calif., in 2009. [read post]
1 Mar 2015, 10:15 am
Attorney General Holder has an op-ed elsewhere in the Washington Post calling for various Congressional action on criminal justice reform because “there is a limit to what the Justice Department can accomplish on its own. [read post]
8 Dec 2014, 7:59 pm
The Tenth Circuit released a succinct and eloquent opinion today reversing a criminal sentence for various procedural violations. [read post]
28 May 2014, 5:04 am
The first sentence of the Fourteenth Amendment says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. [read post]
26 Jan 2014, 10:01 pm
In my earlier exchange with David Bernstein about originalism and precedent, he asked me if I could name any prominent originalists who are in favor of “compensating adjustments” — i.e., thinking holistically about the effect that non-originalist precedents can have on other aspects of the constitutional structure. [read post]
29 Jan 2014, 6:18 am
Today in the originalism class that I am teaching (with Eric Posner) we talked about the segregation cases, Plessy v. [read post]
25 Mar 2014, 12:34 pm
In the Supreme Court’s last term, Justice Antonin Scalia raised eyebrows during the oral arguments in Shelby County v. [read post]
27 Jun 2014, 7:06 am
As promised yesterday, I have more extended thoughts about Noel Canning as part of SCOTUSBlog’s symposium on the decision. [read post]
24 Jun 2014, 5:55 am
While everybody else was reading about greenhouse gases, defrauding banks and efficient markets, I was perusing Monday’s Supreme Court orders list. [read post]
14 May 2019, 6:56 am by Richard M. Re
The court cited important scholarship by Ann Woolhandler, James Pfander, Caleb Nelson, Bradford Clark and others, but neglected a bracing amicus brief by Will Baude and Steve Sachs. [read post]