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30 Sep 2015, 3:20 pm by Kevin
Ken White reports today on the opinion in United States v. [read post]
30 Sep 2015, 12:27 pm by Kevin
Ken White reports today on the opinion in United States v. [read post]
28 Sep 2015, 2:55 pm by Lyle Denniston
At the core of the case of Wittman v. [read post]
22 Sep 2015, 7:00 am by Amy Howe
”  Hirshman repeatedly describes O’Connor’s opinions on the Court as “tightfisted,” and she laments that, “[o]f all the hurdles the states thought up to discourage women in the years from her first abortion decision in 1983 to [Planned Parenthood v.] [read post]
16 Sep 2015, 6:30 am by Margaret Wood
  The proposal for a trade convention led to a recommendation that delegates from all the states should meet in Philadelphia in May 1787 to examine the problems with the current system of government and craft “a plan for supplying such defects as may be discovered. [read post]
14 Sep 2015, 11:05 pm by Marta Requejo
Paul Schiff Berman: A jurisprudence across borders Discussant: Jean-Philippe ROBE V. [read post]
14 Sep 2015, 7:41 am by John McFarland
Another recent example is BCCA Appeal Group, Inc. v. [read post]
3 Sep 2015, 11:59 am
RFRA may or may not be a good exercise of the federal common-lawmaking power to craft statutory defenses, but it does state an intelligible enough legal rule because it incorporates a well-developed pre-Smith caselaw. [read post]
31 Aug 2015, 10:50 am
And here’s a link to my sixth post, where I discuss various other inherent judicial powers, including the power to make common law in subject-matter “enclaves” like admiralty or foreign affairs, craft defenses, and design remedies. [read post]