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31 Oct 2022, 4:00 am by Michael C. Dorf
For the fairly obvious reason that in each case, the first certiorari question is whether the Court should overrule Grutter v. [read post]
16 Oct 2016, 7:22 pm by Smita Ghosh
In The New Republic, Alan Wolfe takes on Roth’s book as well as Jason Brennan’s Against Democracy, which “argues for the establishment of an epistocracy, or rule by the wise. [read post]
26 Sep 2013, 8:00 am by Stephen Wermiel
Brennan believed the words represented the requirement of an extremely high wall of separation between church and state. [read post]
18 Oct 2016, 9:01 pm by Michael C. Dorf
It is hard to see how.At least since the Supreme Court’s landmark 1943 ruling in West Virginia State Board of Education v. [read post]
17 Sep 2011, 11:03 am by Keith Gerver
 He says that as this is asserted as state practice, many will see it as freeing the United States to do what it wants; but he thinks this will lead other states to believe that they’re accountable for their uses of covert force,  as the United States says it is. [read post]
24 Apr 2011, 4:22 pm by Lisa McElroy
  In Virginia Office of Protection and Advocacy v. [read post]
4 Sep 2011, 11:42 am by Jeff Gamso
  In context, though, the irony is telling.* * * * * * *Justice Brennan, dissenting alas, in McCleskey v. [read post]
14 Dec 2011, 8:45 am by Lovechilde
As Justice Antonin Scalia wrote in his dissenting opinion in Hamdi v. [read post]