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19 Sep 2020, 6:30 am by Guest Blogger
Readers will recall Burke’s forecast that, in an “ignoble oligarchy” of shifting parliamentary majorities dominated by ambitious new men, “In the weakness of one kind of authority [parliamentary], and in the fluctuation of all, the officers of an army will remain for some time mutinous and full of faction, until some popular general, who understands the art of conciliating the soldiery, and who possesses the true spirit of command, shall draw the eyes of all men upon… [read post]
17 Sep 2020, 6:30 am by Guest Blogger
The Constitution guaranteed that every state would have two Senators regardless of population, and immunized the states’ equal representation in the Senate from the ordinary process of amendment in Article V, requiring each state to consent to changing its equal representation in the Senate. [read post]
10 Sep 2020, 5:03 pm by Eugene Volokh
From Judge Patrick Bumatay's dissent from denial of rehearing en banc today in Mai v. [read post]
9 Sep 2020, 6:18 am by Cory Doctorow
Introduction In 1998, Bill Clinton signed the Digital Millennium Copyright Act (DMCA), a sweeping overhaul of U.S. copyright law notionally designed to update the system for the digital era. [read post]
Overview Today, landowners in the state have the right to drain their land with the natural flow of water and discharge excess water into natural watercourses. [read post]
24 Aug 2020, 10:30 pm by Mitra Sharafi
 We missed this one in 2019, when Arvind Elangovan (Wright State University) published Norms and Politics: Sir Benegal Narsing Rau and the Making of the Indian Constitution, 1935-50 with Oxford University Press. [read post]
21 Aug 2020, 12:30 pm by Rebecca Tushnet
FTDA cases do have slightly lower mean frequency v. [read post]
13 Aug 2020, 6:59 am by Kristian Soltes
Department of Justice and a contingent of state attorneys general challenged AmEx’s anti-steering rules in a case that reached the Supreme Court in 2018 as Ohio v. [read post]
12 Aug 2020, 9:52 pm by Josh Blackman
But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. [read post]