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11 Aug 2023, 3:00 am
The events surrounding efforts to overturn the result of the presidential election of 2020 have sparked renewed scholarly, judicial, and political interest in Section Three of the Fourteenth Amendment.[5] The core events are familiar to all—the dishonest attempts to set aside valid state election results with false claims of voter fraud; the attempted subversion of the constitutional processes for States' selection of electors for President and Vice President; the efforts to have the Vice… [read post]
23 Dec 2016, 6:47 am
Donald Trump Is Holding a Government Casting Call. [read post]
16 Aug 2007, 10:06 am
Actually the case concerns the FBI's search of the office in the Rayburn Building of Congressman William Jefferson, the apparently eminently bribable Louisiana Congressman whose apartment freezer was found to have ninety thousand dollars in it. [read post]
30 Nov 2015, 9:19 pm
For those in the latter group, their votes were said to be diluted — each ballot had less electoral clout when cast. [read post]
20 Jan 2015, 4:20 pm
For example, the Williams-Yulee case argued just this morning could well be influenced by Holt’s explication of the strict scrutiny test. [read post]
7 Jul 2015, 9:01 pm
In that way, the plan would treat the weight of every vote—regardless of the state in which the vote is cast—equally to that of every other vote in the country. [read post]
17 Mar 2012, 5:58 pm
A wise casting decision. [read post]
29 Apr 2016, 6:47 am
New York – De Blasio Team Violated Campaign Finance Laws, Report SaysNew York Times – William Neuman and Jesse McKinley | Published: 4/22/2016 The state Board of Elections found New York City Mayor Bill de Blasio and his political team committed “willful and flagrant violations” of campaign finance laws in efforts to oust Republican senators and referred the matter for criminal prosecution. [read post]
19 May 2016, 9:01 pm
But the lieutenant governor of the state (as presiding officer of the senate), decided to cast a vote—as he would in ordinary legislation—and voted in favor of ratification.The state senators who had voted against ratification, joined by three others to make a majority of the senate, sued to block the state from telling federal authorities it had ratified, claiming that the lieutenant governor had no business participating in the ratification vote under Article V of the federal… [read post]
30 Nov 2011, 8:13 am
William James would have called it the will to unbelieve. [read post]
11 Aug 2014, 8:33 pm
His faculty profile at Middelsex University provides:Professor William A. [read post]
6 Feb 2021, 4:30 am
Garrow suggests that Brett Kavanaugh may cast the deciding vote to save abortion rights. [read post]
13 Apr 2022, 7:48 am
Four months have passed since the House of Representatives found former White House Chief of Staff Mark Meadows in contempt and asked the Department of Justice to bring his case before a grand jury. [read post]
19 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumJoseph Fishkin & William E. [read post]
17 Feb 2019, 9:45 am
Today’s post—our eighth—in recognition, honor, and celebration of Black History Month, provides a link to a reading guide on the Haitian Revolution as well as material from a prior post on that revolution in the art of Jacob Lawrence (September 7, 1917 – June 9, 2000), an African-American painter, storyteller, and professor of art at the University of Washington in Seattle. [read post]
14 Oct 2021, 1:32 pm
” Others cast doubt on whether the government can effectively compete with the private sector to recruit developers to serve as public inspectors. [read post]
11 Jun 2018, 4:30 am
Schmitt’s opportunistic involvement with the Nazi state has long cast a shadow over his work, though he became newly trendy as American legal scholars grappled with the concept of emergency in the wake of the 9/11 attacks. [read post]
8 Aug 2017, 5:30 am
Chief Justice William Howard Taft, who as a former president had done some thinking on the subject, wrote the 71-page decision for a divided court, famously holding that “The power to remove inferior executive officers, like that to remove superior executive officers, is an incident of the power to appoint them, and is in its nature an executive power. [read post]
24 Apr 2023, 7:04 am
As William Landes and Richard Posner discussed, a derivative works right permits efficient licensing of numerous derivatives to third parties. [read post]
8 Sep 2023, 12:01 pm
William Baude and Michael Stokes Paulsen have written a recent article, "The Sweep and Force of Section Three," in which they argue that Section Three of the Fourteenth Amendment is a self-executing provision that renders Donald Trump ineligible for the presidency as a result of his role in attempting to overthrow the results of the 2020 election.The article has been the talk of both legal academia and the wider public in recent weeks, drawing a great deal of attention and drawing… [read post]
