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28 Aug 2014, 9:01 pm
A few months ago, I wrote about an effort by the California legislature to undo an unwise (but duly enacted) voter initiative involving immigration policy. [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]
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]
20 Nov 2014, 9:01 pm
Over the next few days, the California Bar announces the outcomes from the July 2014 exam. [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]
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]
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]
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]
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]
8 Sep 2016, 9:01 pm
Late last month, a federal trial court in Texas issued a nationwide order preventing the federal Department of Education (DOE), as well as a number of other federal agencies, from enforcing—anywhere in the country—their “interpretation of the definition of ‘sex’ in the various written directives … as applied to Title IX … and Title VII” (which are federal laws that prohibit certain entities from discriminating on the basis of sex). [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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
