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13 Sep 2022, 6:30 am by Guest Blogger
  Ideally, it would generate a brutally candid conversation—presumably, unlike the Philadelphia convention in 1787, open to the public through C-SPAN and other streaming services—about the adequacy of the Constitution to the American republic in the 21st century. [read post]
25 Aug 2022, 5:17 am by Eugene Volokh
MIT, by Judge Bruce Selya, joined by Judges Rogeriee Thompson and Gustavo Gelpi (note that I submitted an amicus brief in the case, in support of neither side): [I.] [read post]
23 Aug 2022, 4:49 am by Emma Snell
In issuing the order the judge, Bruce E. [read post]
27 Jul 2022, 10:35 am by Guest Author
The sheer bulk of these tomes is, for Novak, a testament to the democratic promise of the new world that was aborning: Ernst Freund’s Police Power (1904) weighed in at 800 pages; Bruce Wyman’s Special Law Governing Public Service Corporations (1911) at over 1,500 (99, 110). [read post]
16 Jul 2022, 1:00 am by David Pocklington
The judge was entitled so to conclude and further to have determined that the creation of a Safe Zone, within which the protesters could not enter, and the provision of a Designated Area some way off, in which limited protest could take place, was a proportionate response. (21 August 2019). [read post]
7 Jul 2022, 3:54 am by SHG
[C]ourts have required consistent and or severe misconduct, such as physical threats, the use of racial epithets, violence, or sexual contact and abuse at school to establish a hostile environment claim. [read post]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
Initially, it did this by finding that administrative law judges (“ALJs”) must be appointed by someone under presidential control[1]; more recently, it granted certiorari on the issue of whether ALJs must also be subject to a corresponding presidential removal power.[2] Second, it seems intent on overruling a longstanding “implied preclusion” doctrine under which defendants in an administrative proceeding cannot challenge the constitutionality of (or other defects… [read post]
9 Jun 2022, 6:30 am by Guest Blogger
We have become Court-centric, “lost our ability to write,” in Bruce Ackerman’s phrasing. [read post]
1 Apr 2022, 3:41 pm by Ilya Somin
We do not know for sure whether the third member of the panel - Judge Robert Bruce King - agrees with all of Judge Heytens' reasoning. [read post]
25 Feb 2022, 3:00 am by Jim Sedor
Judge Jennifer Campbell said there is no evidence that lawmakers ever intended to exempt themselves when they approved the laws. [read post]
12 Jan 2022, 12:35 pm by John Elwood
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
15 Nov 2021, 10:13 am by Eugene Volokh
Ahead of Monday's closing arguments, Judge Bruce Schroeder ruled Wisconsin's open carry law is so confusingly written it can be interpreted to mean 17-year-olds can openly carry firearms as long as they're not short-barrel rifles. [read post]