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7 May 2023, 6:00 am by Lawrence Solum
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
4 May 2023, 9:51 pm by Ilya Somin
At one point, he sent an e-mail to Roberto Gonzalez, his law clerk working on the Kelo case, saying that "I don't think we need to reply [to Justice Scalia's draft dissent]—of course we do need five votes, but I don't think this reference to Lawrence [v. [read post]
3 May 2023, 9:15 am by Lawrence Solum
Lawrence Rosenthal (Chapman University, The Dale E. [read post]
14 Apr 2023, 12:30 pm by John Ross
They're forced to register as sex offenders even though Lawrence v. [read post]
14 Apr 2023, 7:24 am by The Petrie-Flom Center Staff
For example, in their discussion of a case in which a federal judge in Florida, appointed by then-President Trump, issued an injunction to block nationwide the transit mask mandate, Sarah Wetter and Lawrence O. [read post]
The much bigger problem is a federal judge inserting himself into the larger scheme in which Congress authorizes an expert regulator like the FDA to make these incredibly complex, technical judgments about whether drugs will be safe and effective for patients. [read post]
10 Apr 2023, 3:35 pm by Orin S. Kerr
The paper begins with this hypothetical: Imagine a classroom discussion of Lawrence v. [read post]
6 Apr 2023, 10:51 am by bndmorris
Hoeflich and Stephen Sheppard, Lucy and the Judge:  Wood v. [read post]