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18 Oct 2018, 9:01 pm
Two weeks ago, in Part One of this series, we began to analyze some of the intriguing constitutional questions raised by California’s enactment of SB 826, a statute that requires publicly held corporations with principal executive offices in California to have a prescribed number of women on their boards of directors. [read post]
4 Oct 2018, 9:01 pm
Earlier this week, California Governor Jerry Brown signed into law SB 826, a landmark measure that requires each publicly held corporation whose principal executive offices are located in California to have, by the end of 2019, at least one woman on its board of directors. [read post]
16 Sep 2018, 12:29 pm
Jonathan W. [read post]
5 Aug 2018, 9:01 pm
The closest either majority came was the admonition in Janus to the effect that “[w]e will not overturn a past decision unless there are strong grounds for doing so. [read post]
11 Jul 2018, 8:05 am
Cohen at Boston Globe. [read post]
14 Jun 2018, 9:01 pm
One of the most contentious cases of the Supreme Court’s term has been Masterpiece Cakeshop, Ltd. v. [read post]
18 Apr 2018, 9:01 pm
If California voters were to adopt the measure, it would then move on to be considered by the federal government; the US Constitution requires federal as well as state approval before new states are added to the union.Given that the measure may be before California voters in a matter of months, I offer below a brief summary of the proposal, and then three key clusters of considerations the voters of California—the large majority of whom lean towards the Democratic party—should want to… [read post]
18 Apr 2018, 4:08 am
” At The Marshall Project, Andrew Cohen remarks that the cert petition in Williams v. [read post]
24 Jan 2018, 9:01 pm
The blockbuster movie The Post tells a very important real-life story about the efforts of the journalists and leaders of the Washington Post (including Katherine Graham, the first female head of a major American newspaper) and the New York Times to publish parts of a collection of classified documents (the “Pentagon Papers”) detailing non-public information about America’s controversial involvement in the Vietnam War. [read post]
5 Dec 2017, 12:01 pm
E. [read post]
4 Oct 2017, 9:01 pm
With all the discussion these days over what public universities and municipalities can and should be doing to handle large, raucous rallies and protests without sacrificing public health and safety, one topic that has been mentioned but not often thoroughly analyzed is what the rules are, or ought to be, when a boisterous and angry crowd “shouts down” a speaker. [read post]
21 Sep 2017, 9:01 pm
Tornillo (striking down a Florida law mandating that a newspaper give space in the paper to political candidates who have been criticized by the newspaper to respond); PG&E v. [read post]
24 Aug 2017, 9:01 pm
Draper proposes that the voters of the state adopt a measure that would: (1) “[e]stablish new boundaries for three new states within the boundaries of the [current] State of California; (2) [e]stablish a procedure for the transformation of the single State of California into three new states; and (3) [p]rovide the legislative consent for the formation of three new states to Congress as required by the Constitution of the United States. [read post]
3 Apr 2017, 4:05 am
A Response to Brian Leiter, (March 21, 2017).Jonathan R. [read post]
23 Mar 2017, 9:01 pm
One of the vexing legal questions raised by President Trump’s original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves. [read post]
2 Feb 2017, 4:40 am
At Wired, Issie Lapowsky surveys the tech-related issues Gorsuch would face on the court, while at E&E News, Ellen Gilmer looks at Gorsuch’s record in cases involving energy and the environment. [read post]
26 Jan 2017, 1:30 am
Glenn Cohen What Health Reform Reveals about Health Law - Allison K. [read post]
10 Jan 2017, 4:08 am
Hollis, Associate Dean for Academic Affairs and James E. [read post]
8 Nov 2016, 4:09 am
” At Supreme Court Brief (subscription required), Tony Mauro notes the death of E. [read post]
5 May 2016, 9:01 pm
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. [read post]
