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19 Sep 2023, 7:42 am by Eric Goldman
This is a blessing in disguise, because the law failing lesser scrutiny makes it harder for other legislatures to succeed. [read post]
13 Sep 2023, 5:38 am by Stephen E. Sachs
(It also depends on whether legislatures can rescind their ratifications, as some may have done; for more on that, see Michael Stokes Paulsen's General Theory of Article V.) [read post]
6 Sep 2023, 9:01 pm by renholding
The incentives aggravated by this funding plan make it even harder for real concerns about monetary, security, and privacy costs to be taken seriously.[3] The funding proposal we are considering today—the latest effort by the CAT LLC to fund past and future expenses—employs an apparently plausible approach to allocating CAT costs. [read post]
5 Sep 2023, 11:14 am by Fred Abrams
Ahmad’s alleged use of multiple jurisdictions would have made it harder to detect Mr. [read post]
14 Aug 2023, 4:00 am by Eric Segall
But that rule is much harder to apply to Section 3 and the First Amendment than the authors admit.Although the First Amendment was indeed ratified long before Section 3, on the date Section 3 was adopted, the First Amendment simply did not apply to the states. [read post]