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7 Nov 2013, 9:01 pm
In the space below, we offer our analysis of the oral argument that was held two days ago at the U.S. [read post]
5 Dec 2013, 9:01 pm
Yesterday the Federalism Working Group of the American Legislative Exchange Council (ALEC)—an influential and generally conservative policy-oriented institution that offers template legislation for state governments to consider adopting—was scheduled to meet to consider, among other things, a proposal that would empower state legislatures to add candidates to general election ballots for the office of United States Senator. [read post]
21 Mar 2018, 9:01 pm
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [read post]
24 Mar 2016, 9:01 pm
When doctors consider whether to administer a particular medical treatment, they have to balance the treatment’s efficacy (that is, how likely the treatment is to help the patient, and by how much) against negative side effects (that is, how likely the treatment is to harm the patient, and how badly). [read post]
29 Aug 2013, 9:01 pm
My biweekly column slot this week roughly coincides with the beginning of the new academic year at most law schools across the country. [read post]
24 Jan 2019, 9:01 pm
Last week an Alabama trial court judge (Michael Graffeo) made national news when (literally just minutes before his judicial term expired and he began retirement) he held that the Alabama Memorial Protection Act (AMPA)—which prohibits public jurisdictions within the state from altering or otherwise disturbing public monuments that have been in existence for at least forty years—violated the Fourteenth Amendment free speech and due process rights of the City of Birmingham, which sought to… [read post]
2 Mar 2012, 7:36 am
The 2012 Journal of Intellectual Property Law Conference, Back to the Future: Global Perspectives on the Future of IP Law in the Next Decade Presented By: Journal of Intellectual Property Law; Dean Rusk Center for International Law and Policy; University of Georgia School of Law Panel 1—International Perspectives on the Evolution of Copyright Law in the Next Decade Moderator: David E. [read post]
21 May 2015, 9:01 pm
A few weeks ago the Supreme Court handed down an important yet under-noticed case, Williams-Yulee v. [read post]
25 Jul 2016, 9:01 pm
A few weeks ago, the U.S. [read post]
8 Oct 2015, 9:01 pm
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [read post]
20 Nov 2014, 9:01 pm
Over the next few days, the California Bar announces the outcomes from the July 2014 exam. [read post]
23 Oct 2014, 9:01 pm
Among the interesting U.S. [read post]
31 Oct 2018, 9:01 pm
This three-part series looks at intriguing constitutional questions raised by California’s statutory enactment of SB 826, which requires publicly held corporations with principal executive offices located in California to have a prescribed number of women on their boards of directors. [read post]
9 Apr 2015, 9:01 pm
In today’s column, I analyze the Supreme Court oral argument held a few weeks ago in Walker v. [read post]
7 Jul 2015, 9:01 pm
Last week’s ruling by the Supreme Court in Arizona Legislature v. [read post]
5 Jun 2014, 9:01 pm
While many analysts this month are understandably focused on the blockbuster rulings that are due from the Supreme Court in June—the back end of the Supreme Court litigation process, if you will—in my column today I introduce and briefly analyze the front end of three cases on which the Court has granted review for the next Term, which begins this fall. [read post]
10 Apr 2013, 9:01 pm
No one knows for sure what the Supreme Court is going to do with Hollingsworth v. [read post]
16 Jul 2012, 1:05 pm
Judge Miller dismissed the jury and went into recess. [read post]
5 Mar 2008, 4:54 pm
Miller, 425 U.S. 435 (1976). [read post]
21 Feb 2013, 4:30 am
Capturing Lessons of Our Failures and Successes" — David E. [read post]
