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13 May 2022, 5:52 am
As Marty Lederman wrote: The Manual’s “assumption of risk” proposition as to the requirement of proportionality is indefensible, and threatens to unravel the proportionality rule through the back door. [read post]
29 Aug 2007, 2:20 pm
Qualcomm Inc. v. [read post]
20 Feb 2024, 9:01 pm
(For more on this indefensible ruling, see here.) [read post]
6 Jan 2016, 5:08 pm
Some time ago I wrote about discharging income taxes in bankruptcy. [read post]
14 Jun 2022, 6:30 am
If one believes in a responsive electoral democracy, this would seem to fail the test in two quite different ways, first with regard to the length of the terms and second, of course, by reference to the indefensible allocation of equal voting power to remarkably differently-populated states. [read post]
2 Jan 2018, 3:12 am
In a series of recent posts (most recent here), I’ve been sharply critical of filings by the Solicitor General in the Hargan v. [read post]
29 Jul 2019, 4:15 am
The answer to the question in my title is obvious, isn't it? [read post]
16 May 2017, 8:03 am
First, despite the many briefs chronicling President Trump’s indefensible campaign statements, pre-inauguration ramblings should not be considered in determining whether the stated national security justification for the order constitutes pretext. [read post]
24 Apr 2023, 7:00 am
This post was prepared for a roundtable on Civic Education, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
12 Jun 2017, 9:01 am
Teaching trademark law for the first time this spring, I fielded several questions from students on a lesser known corner of trademark law: certification marks. [read post]
25 Jun 2020, 8:36 am
Originally posted at Just SecurityYesterday morning—in a stunning decision that broke from usual standards of judicial process and self-restraint—D.C. [read post]
10 Mar 2015, 11:55 pm
A notable moment in the argument of Ohio v. [read post]
31 Jul 2014, 1:12 pm
A bit of a rant today.We’ve just read Gibson v. [read post]
18 Oct 2019, 6:30 am
For the Symposium on Mary Anne Franks, The Cult of the Constitution (Stanford University Press, 2019).As it happens, I finished Mary Anne Franks’s The Cult of the Constitution only very recently, just as I read Jack Balkin’s review of her book. [read post]
7 Feb 2017, 5:48 pm
For those who don’t want to do this deep dive, here’s a quick two-sentence summary: Conway’s position is empirically indefensible. [read post]
4 Jul 2023, 5:26 am
[N.B. [read post]
10 Mar 2015, 11:55 pm
A notable moment in the argument of Ohio v. [read post]
23 Jul 2019, 11:38 am
On Tuesday, July 23, Attorney General William Barr delivered a keynote address at the International Conference on Cyber Security at Fordham University. [read post]
29 Mar 2022, 12:28 pm
It is no exaggeration to say that the history of the United States has never seen an account of a president’s conduct quite so devastating as the first nine pages of Judge David Carter’s opinion of March 28 in Eastman v. [read post]
8 Jun 2016, 11:24 am
Over the weekend, VICE published a story entitled “Exclusive: Snowden Tried to Tell NSA About Surveillance Concerns, Documents Reveal. [read post]
