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23 Oct 2023, 5:38 am by Neil Siegel
In a new essay for a symposium on abortion rights being hosted by the Journal of American Constitutional History, I argue that Dobbs v. [read post]
19 Oct 2023, 9:05 pm by Gianna Hill
In a recent report, Viral V. [read post]
19 Oct 2023, 5:19 am by Jacob Wirz
This post is the concluding essay by the authors for a symposium published over at the Balkinization blog on the topic of “The Chevron Doctrine through the Lens of Comparative Law. [read post]
17 Oct 2023, 6:30 am by Guest Blogger
As we explained in our opening essay, the immediate trigger for this symposium was the forthcoming Loper case that has put Chevron on the Court’s agenda in the current term, and Justice Gorsuch’s dissent from the denial of cert in Buffington where he invoked comparative law to critique Chevron deference. [read post]
8 Oct 2023, 6:11 am by Christopher J. Walker
As part of the symposium, Kent Barnett and I will be contributing an essay, entitled Chevron and Stare Decisis, which is based on the amici curiae brief we filed in Loper Bright Enterprises v. [read post]
5 Oct 2023, 9:07 pm by Tyler Hoguet
Biden criticized the Supreme Court’s decision in Nebraska v. [read post]
1 Oct 2023, 2:25 pm by Jacob Katz Cogan
Grover, The Court's Role in Upholding Inter- Generational Obligations Respecting the Child's Right to Truth: Juliana v. [read post]
29 Sep 2023, 4:00 am by Michael C. Dorf
Because my crosscurrents paper is already likely to use more pages in the law review than a typical symposium-length article, I didn't think it appropriate to ask the law review to publish my write-up of my remarks on animal rights as well.Accordingly, I'll use this essay to preview my remarks, which I'm titling Sherry Colb's Argumentative Style. [read post]
28 Sep 2023, 9:02 pm by Josephine A. Phillips
EDITOR’S CHOICE In an essay in The Regulatory Review, Paul C. [read post]
28 Sep 2023, 4:00 am by Anil Kalhan
Ultimately, of course, the Supreme Court vacated the Trump administration’s rescission of DACA in 2020 when—by a 5-4 margin, with Chief Justice John Roberts writing for the majority—it decided Department of Homeland Security v. [read post]
27 Sep 2023, 8:00 am by Guest Blogger
More specifically, in his opinion last Term dissenting from a denial of cert in Buffington v. [read post]
27 Sep 2023, 7:08 am
In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. [read post]
27 Sep 2023, 7:08 am by Christine Corcos
In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. [read post]
23 Sep 2023, 3:12 am
Today’s conservative revolution is very wrong, but it is not worse than [the Lochner Court and the Plessy v. [read post]
20 Sep 2023, 4:00 am by Judith Gaskell
That provision was also challenged in Heart of Atlanta Motel, Inc. v. [read post]