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17 Sep 2022, 1:43 pm by Ilya Somin
In his majority opinion in Cedar Point, Chief Justice John Roberts used this theory to distinguish the Supreme Court's 1980 decision in Pruneyard Shopping Center v. [read post]
15 Sep 2022, 9:01 pm by Austin Sarat
Graham wants it to do, used his Dobbs concurrence to highlight the rights of states to go their different ways on the abortion issue.As Kavanaugh observed, “Today’s decision therefore does not prevent the numerous States that readily allow abortion from continuing to readily allow abortion…. [read post]
15 Sep 2022, 1:24 pm by admin
Cheng does not explain why, under his proposed “consensus rule,” subject matter experts are needed at all. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  As in most families, though, closeness does not mean identity, and Mark and I have been debating many of the issues raised by this gathering for many of years. [read post]
12 Sep 2022, 9:01 pm by Michael C. Dorf
Because the owner of the company does not wish to be complicit in facilitating or encouraging “homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman,” which he believes are immoral on religious grounds.The decision in Braidwood Management Inc. v. [read post]
12 Sep 2022, 5:01 am by Marc DeGirolami
John, the metaphysics may come easier with time, patience, and enduring practice. [read post]
11 Sep 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
The Court during the leadership of Chief Justice John Marshall made use of original public meanings of contested constitutional provisions in almost all of the nineteenth century landmark cases that make up the canon of virtually every introductory constitutional law course: Marbury v. [read post]
11 Sep 2022, 6:00 am by Lawrence Solum
Reflective Equilibrium A more theoretical way to think about canonicity is via John Rawls's notion of reflective equilibrium. [read post]
11 Sep 2022, 4:28 am by jonathanturley
Chief Justice John Roberts also spoke at the conference (as did Associate Justice Neil Gorsuch). [read post]