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29 Jun 2017, 9:01 pm
In light of the various ongoing investigations—some by special DOJ counsel Robert Mueller and others by various congressional committees in both houses—of members or associates of President Trump’s administration, there is a great deal of talk these days about “executive privilege” that the president may or may not enjoy to shield from view communications he has with his advisors. [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]
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]
17 Jun 2019, 9:01 pm
Last week Florida Governor Ron DeSantis signed into law SB 168, considered one of the strictest measures in the nation to prohibit state and local government entities from becoming so-called “sanctuary” jurisdictions within the state. [read post]
3 May 2018, 9:01 pm
It is usually a happy coincidence when my two professional roles—constitutional scholar/teacher and academic administrator—come together in a work task. [read post]
7 Sep 2017, 9:01 pm
In my last column, I began analyzing a recent plan by Silicon Valley billionaire investor Tim Draper to break up California into three separate states stemming from his view that “California’s diverse population and economies [have] rendered the state nearly ungovernable. [read post]
12 May 2019, 9:01 pm
President Trump’s tweet a few weeks ago—indicating that he “would first head to the U.S. [read post]
23 May 2013, 9:01 pm
In today’s column, I analyze a significant administrative law case handed down by the U.S. [read post]
1 Jul 2019, 9:01 pm
As is typical, the Supreme Court this year delivered some of its biggest rulings at the end of the term. [read post]
14 Dec 2017, 9:01 pm
The year that is winding down brought many legal twists and turns at the highest levels of the federal government, and 2018 promises to be just as legally interesting and important. [read post]
18 May 2017, 9:01 pm
Although I had planned to write on another subject this week, recent and fast-moving events warrant attention to the topic of impeachment, a process more and more commentators (and some legislators on Capitol Hill) have been mentioning. [read post]
26 Mar 2015, 9:01 pm
In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [read post]
30 Nov 2017, 9:01 pm
Over the next few weeks, law school final exams will be in full swing at almost every law school in the country. [read post]
19 May 2019, 9:01 pm
From the Right and from the Left, legislatures are considering—and in many cases enacting—laws that have no meaningful chance of surviving judicial challenge under the U.S. [read post]
26 Jun 2019, 9:01 pm
June 2019 might become known in Illinois as the month the state legalized marijuana use, but I hope it remains better remembered as the 100th anniversary of Illinois’ ratification of the Nineteenth Amendment—the provision in the Constitution that prohibited discrimination in voting on account of sex. [read post]
17 Jul 2014, 9:01 pm
Legal and political commentators have already spent thousands of hours on how best to understand Justice Alito’s majority opinion in Burwell v. [read post]
15 Jul 2018, 9:01 pm
Now that Silicon Valley venture capitalist Tim Draper has submitted a sufficient number of signatures for his bid to split California into three separate states—Cal3, as it is called—to qualify for the November general election ballot, commentators are beginning to discuss the political and legal obstacles the measure faces—hurdles I flagged and analyzed in a number of Verdict columns, including here and here.Among the legal stumbling blocks currently being talked about is the… [read post]
27 Dec 2018, 9:01 pm
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]
28 Jun 2018, 9:01 pm
Immigration issues have dominated the headlines for the past three weeks, if not longer. [read post]
19 Oct 2017, 9:01 pm
There have been countless lawsuits filed over the last nine months—by states, cities, individuals, public interest groups, and others—challenging Trump administration actions and policies. [read post]
