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23 May 2023, 1:05 pm by Ilya Somin
In the TJ case, the Fourth Circuit majority opinion by Judge Robert Bruce King holds that even the most blatant discriminatory motivations do not trigger strict scrutiny so long as the group being targeted for discrimination by "facially neutral" means  is still represented in proportion to its percentage of the relevant population (or more). [read post]
23 May 2023, 12:58 am by INFORRM
On 17 May 2023, the Court of Appeal issued the costs order [pdf] in the long running Banks v Cadwalladr case ([2023] EWCA Civ 219). [read post]
10 May 2023, 4:00 am by Administrator
As well, we are seeing a lot of what Toronto Star columnist Bruce Arthur brilliantly called “crayon law” — nonsense legalese drafted by people who have no clue about basic law. [read post]
7 May 2023, 6:00 am by Lawrence Solum
  The second idea is that the original meaning of the constitutional text is binding: judges and officials should consider themselves to be constrained by the text. [read post]
19 Mar 2023, 12:56 pm by Giles Peaker
As famously expressed by Knight Bruce V-C in Walter v Selfe (1851) 4 De G & Sm 315, 322, the question is whether the interference ought to be considered a material inconvenience “not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions among the English people”; see also Barr v Biffa Waste Services Ltd (2013) QB 455, para 36(ii). [read post]
17 Mar 2023, 9:30 pm by ernst
  DREICYMI:  Judge Cites 1849 Slavery Law in Ruling Embryos Can Be Considered Property (NYT). [read post]
3 Feb 2023, 12:36 pm by Rebecca Tushnet
Bruce Boyden: can you interview people on the Hill at the time to see what they were talking about. [read post]
13 Jan 2023, 8:00 am by Guest Blogger
For the Balkinization 20th Anniversary Symposium Julie C. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  So is Bruce Ackerman’s dualist theory. [read post]
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]