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7 Feb 2024, 10:44 am by Jeffrey Randa
It’s easy to imagine one of his golf buddies saying something like, “yeah, it sucks, but you’ll get through it. [read post]
7 Feb 2024, 10:32 am by Will Baude
There is no logical or legal reason not to determine and decide who is right – before the heat of the general election campaign, if possible – rather than waiting for some imagined future day when the questions will somehow become easier or go away.The post The Objection That It Is Too Soon To Adjudicate Trump's Qualifications appeared first on Reason.com. [read post]
7 Feb 2024, 6:30 am by Guest Blogger
Roberto Gargarella PART II The Actual Practice of our Constitutional Democracies In the previous section, we analyzed the -Madisonian- conception of democracy underlying The Collaborative Constitution. [read post]
6 Feb 2024, 11:00 pm by Thaddeus Mason Pope, JD, PhD
Blending memoir, polemic and feminist philosophy, Brooker raises essential questions about choice and interdependence and, ultimately, to imagine care otherwise. [read post]
6 Feb 2024, 7:15 pm by Howard Bashman
” In commentary, online at Vox, Ian Millhiser has an essay titled “Trump’s legal arguments for staying on the ballot are embarrassingly weak; It’s hard to imagine this Supreme Court removing Trump from the ballot; But his lawyers gave the justices very little to work with. [read post]
6 Feb 2024, 5:46 pm by Yosi Yahoudai
“I feel about as good as I could imagine, given the circumstances,” Cotter said. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
6 Feb 2024, 3:21 pm by Jack Bogdanski
Can you imagine if there had been public hearings on that, or a media spotlight on that, before it passed? [read post]
6 Feb 2024, 1:01 pm by Neil H. Buchanan
That is impossible to imagine, especially in light of the second possibility, which is that Trump would run as an independent out of spite. [read post]
6 Feb 2024, 7:20 am by Will Baude
[Note:  This is the sixth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. [read post]
6 Feb 2024, 6:30 am by Guest Blogger
Roberto Gargarella Introduction The Collaborative Constitution is one of the most interesting contributions produced by the legal academia in recent years.[1] It is a clear, easy to read and at the same time profound book, in which its author, Professor Aileen Kavanagh, investigates what is the best and most justified way to protect rights in a democracy. [read post]
6 Feb 2024, 3:30 am by Margot Kaminski
” Each author offers a cogent discussion of possible legal frameworks for liability, moving beyond debates about First Amendment coverage of AI speech to imagine how substantive tort law will work. [read post]
5 Feb 2024, 11:14 am by Bob Ambrogi
Imagine the impact it could have on narrowing the justice gap in this country? [read post]
5 Feb 2024, 8:20 am by Eric Goldman
  My career has gone far better than anyone would have imagined. [read post]
5 Feb 2024, 8:15 am by Bruce Ackerman
Here’s What Happens if Trump Gets Kicked Off the Ballot: Legal scholars, national security experts and political analysts imagine the extraordinary fallout that would ensue. https://www.politico.com/news/magazine/2024/02/05/predicting-the-fallout-if-the-supreme-court-throws-trump-off-the-ballot-00139381 I'm sure that readers of Balkinization can add to the Politico scenarios in ways that defy Marty Lederman's confident predication that Colorado's exclusion of Trump… [read post]
5 Feb 2024, 7:55 am by LII Team
Even if we don’t ever see the readers who benefit from that data, it means that our work can serve the public in ways we can’t begin to imagine. [read post]
5 Feb 2024, 7:31 am by Rick Hasen
Politico: “Legal scholars, national security experts and political analysts imagine the extraordinary fallout that would ensue. [read post]
5 Feb 2024, 7:05 am by privacylawyer
There’s a bill working its way through the Parliament that presents a clear and present danger to the free and open internet, to freedom of expression and to privacy online. [read post]