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11 Mar 2024, 6:30 am by Guest Blogger
  One is tempted to assert that they would almost literally be “un-American” in rejecting Hasen’s reliance on the Declaration of Independence’s proclamation of equality as the foundation of the American polity. [read post]
10 Mar 2024, 9:01 pm by Austin Sarat
”Recently, per curiam decisions have become, Robbins says, “a convenient tool for the Supreme Court in deciding controversial cases, because ‘[w]ith no Justice signing the opinion, there was no individual to be blamed for evading the tough questions. [read post]
9 Mar 2024, 6:30 am by Guest Blogger
  The first is an historian’s question, prompted by Hasen’s observation that in recent decades “the Supreme Court has failed to be a broad protector of voting rights” and by his chapter detailing the cases and pronouncements that buttress his conclusion. [read post]
9 Mar 2024, 5:22 am by Rob Robinson
Editor’s Note: This overview highlights a recent article by Paul W. [read post]
8 Mar 2024, 9:30 pm by ernst
  ICYMI: New York courts have a long progressive history, says Bruce W. [read post]
8 Mar 2024, 2:10 pm by Eugene Volokh
" "[W]hen the threatened enforcement effort implicates First Amendment rights, the inquiry tilts dramatically toward a finding of standing. [read post]
8 Mar 2024, 1:53 pm
Beds' latest column is Trying to Retire, Again -- "I’ll be 77 in November, and while that is not exactly 'a good round number,' it seems like a reasonable finish line for a legal career," said Justice William W. [read post]
Monaco emphasized that the key guideline for all reporting of wrongdoing is to be first, explaining, “[w]hen everyone needs to be first in the door, no one wants to be second,” and therefore companies and individuals are incentivized to tell the Department what they know as soon as they know it, which bolsters the Department’s enforcement capabilities. [read post]
8 Mar 2024, 10:18 am by Eugene Volokh
B.J.F. (1989) ("[W]here a newspaper publishes truthful information which it has lawfully obtained, punishment may lawfully be imposed, if at all, only when narrowly tailored to a state interest of the highest order. [read post]
8 Mar 2024, 8:35 am by Tom Smith
“The Supreme Court now has two superb new members,” President George W. [read post]