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21 Feb 2024, 1:34 pm by Eric Goldman
In that respect, the law has been quite consistent for a long time. [read post]
21 Feb 2024, 9:00 am by William Banks
U.S. history includes a long list of examples where that power has been considered or actually used. [read post]
21 Feb 2024, 5:52 am by Ivan Horodyskyy
Damage to the plaintiffs’ property by the armed forces of the Russian Federation constitutes an exception to the state’s judicial immunity, in line with customary international law, which, according to the Court, is confirmed in Draft Articles on Responsibility of States for Internationally Wrongful Acts and in practice of the International Court of Justice (North Sea Continental Shelf (Federal Republic of Germany/Netherlands) Case) and practice of the European Court of… [read post]
21 Feb 2024, 4:00 am by Michael C. Dorf
The most obvious class of examples, as I discussed on Monday and as I explain at greater length in the article, consists of so-called "percentage" plans by which various states guarantee admission to a state university to students graduating in a specified top percentage of their respective high school classes.For example, in his dissent in Fisher v. [read post]
21 Feb 2024, 3:44 am by SHG
” And yet, in his five-page dissent from the denial of cert in Coalition for TJ v. [read post]
20 Feb 2024, 1:17 pm by Eugene Volokh
This Article is especially critical of the state action doctrine best known from Blum v. [read post]
20 Feb 2024, 11:12 am by Jennifer Brockel
Walter decision descended from a long line of case law recognizing that the function of the CCPA was to protect the public. [read post]
20 Feb 2024, 6:19 am by Second Circuit Civil Rights Blog
The Court of Appeals says qualified immunity cannot attach at this early stage of the case.The case is Mehaylo v. [read post]
19 Feb 2024, 3:07 pm by Mark Ashton
The implications can be said to be national in scope as individual states step forward with their own interpretations of  Dobbs v. [read post]