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Jackson Lecture on the Supreme Court of the United States, on Wednesday, July 25, 2018, at 4:00 p.m. in Chautauqua’s Hall of Philosophy. [read post]

Legal History Blog - http://legalhistoryblog.blogspot.com/

[Josh Blackman] New Evidence and Arguments About the Scope of the Impeachment Disqualification Clause: A Response to the House of Representatives' Managers' Trial Memorandum

7 Feb 2021, 1:01 pm by Josh Blackman

[This post was co-authored by Josh Blackman and Seth Barrett Tillman] On Thursday, February 4, 2021, we discussed the First Amendment arguments in the House of Representatives' Managers' trial memorandum. [read post]

The Volokh Conspiracy - http://www.volokh.com/

States of Anxiety: Will Federalism Save Democracy in America?

2 Nov 2020, 9:00 pm by Dean Falvy

As Election Day turns into Election Night, do you worry about a similar scenario playing out in the United States? [read post]

Verdict - http://verdict.justia.com/

Ruminations 94: "The Mechanics of Perfection," Reflections on the Swearing In of Supreme Court Justice Amy Coney Barrett

28 Oct 2020, 6:36 am

The conflict around the suitability of Amy Coney Barrett, then, reflects the way law is now understood as the expression of a striving for (eternal?) [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

[Josh Blackman] President Biden's Choice To Decline Executive Privilege Before Trump v. Thompson

9 Dec 2021, 10:25 pm by Josh Blackman

Earlier this year, the January 6 committee requested certain documents from the Archivist of the United States. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Ireland: Internet defamation and the liability of intermediaries (Muwema v Facebook Part 1) – Eoin O’Dell

27 Sep 2016, 4:20 pm by INFORRM

This is a Norwich Pharmacal order, named for the case in which it was first granted (see Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133, [1973] UKHL 6 (26 June 1973); see also The Rugby Football Union v Consolidated Information Services Ltd [2013] 1 All ER 928, [2012] 1 WLR 3333, [2012] UKSC 55 (21 November 2012)), and the Supreme Court has affirmed that it forms part of Irish law (see Megaleasing v Barrett (No 2) [1993] ILRM 497;… [read post]

Inforrm\'s Blog - https://inforrm.wordpress.com/

Of stalking horses and dogs that did not bark: 303 Creative LLC v Elenis, standards of review, commercial speech, and the end of the beginning of the modern First Amendment

31 Jul 2023, 4:47 pm by INFORRM

On the other hand, the Colorado restriction might not survive the application of United States v United Foods, Inc 533 US 405 (2001), where obligations upon fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales did not survive Central Hudson scrutiny as mediated through Glickman v Wileman Brothers & Elliott, Inc 521 US 457 (1997). [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

D.C. Circuit Review – Reviewed: And We’re Off!

2 Jul 2023, 8:52 am by Haley Proctor

In Norfolk Southern Railway Co. v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Andrew Koppelman] The Increasingly Dangerous Variants of the "Most-Favored-Nation" Theory of Religious Liberty, Part V: The Abuse of Strict Scrutiny

19 Aug 2022, 5:01 am by Andrew Koppelman

Except for smallpox, which has been eradicated, these diseases still kill many people outside the United States. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The U.S. Supreme Court Rejects Industry-Based Reading Of FAA’s Transportation Worker Exemption, Reduces Visibility For Workers Challenging Arbitration Agreements

8 Jun 2022, 9:01 am by Seyfarth Shaw

Similarly, citing United States v. [read post]