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19 Mar 2024, 2:10 pm by Josh Blackman
Howard Wasserman and I wrote about how the "status quo" was invoked in the same-sex marriage litigation: Following Windsor, federal district courts in more than two dozen states enjoined enforcement of bans on same-sex marriage. [read post]
18 Mar 2024, 4:00 am by Howard Friedman
Maril, Originalism and Democratic Decline, ( Maryland Law Review, Forthcoming).Howard Wasserman & Charles W. [read post]
12 Mar 2024, 2:25 pm by Steven D. Schwinn
Howard Wasserman and Rocky Rhodes just posted 303 Creative, Exclusive Private Enforcement, and Blue-State Revenge. [read post]
21 Oct 2023, 4:05 am by SHG
As Howard Wasserman adds at the end, there is a federal case out of Florida that rejected the “true threat” analysis, but it’s neither precedent nor principled. [read post]
22 Jul 2023, 4:45 am by jonathanturley
” Former Democratic presidential candidate Howard Dean declared the identical position: “Hate speech is not protected by the First Amendment. [read post]
10 Jan 2023, 4:45 pm by Lawrence Solum
  Here is the abstract: In Solving the Procedural Puzzles of the Texas Heartbeat Act and Its Imitators: The Limits and Opportunities of Offensive Litigation, Professors Howard Wasserman and Rocky Rhodes explain why the U.S. [read post]
7 Dec 2022, 1:28 pm by Howard Bashman
“Quick thoughts on 303”: Howard Wasserman has this post at “PrawfsBlawg. [read post]
1 Aug 2022, 5:31 am by Adam Steinman
The latest piece on the Courts Law section of JOTWELL is Howard Wasserman’s essay, Catching and Killing it in Federal Court. [read post]
26 May 2022, 7:04 am by Howard Bashman
“Eleventh Circuit Judge Newsom in the news”: Howard Wasserman has this post at “PrawfsBlawg. [read post]
2 May 2022, 10:24 am by Josh Blackman
  Howard Wasserman writes at Prawfs: A different issue--and possible future bomb--involves whether government has speech rights. [read post]
29 Apr 2022, 5:01 am by Lael Weinberger
In the immediate aftermath of the decision, Howard Wasserman argued that the Court's position was the best approach in light of the Court's efforts to tighten the definition of jurisdiction in recent years. [read post]
24 Mar 2022, 9:44 am by Eugene Volokh
Howard Wasserman (Florida International University) had this post Monday at Prawfsblawg, as a follow-up on the SB8 debates, and kindly agreed to let me post it: Those insisting that SB8 is unprecedented and those warning of every new law "modeled" on SB8 ignore that we have been leaving in a similar world for some time. [read post]
22 Mar 2022, 7:34 am by Howard Bashman
In posts of interest at “PrawfsBlawg”: Howard Wasserman has a post titled “Exclusivity and personal rights in bounty litigation. [read post]
3 Mar 2022, 5:44 pm by Josh Blackman
(Eugene Volokh and Howard Wasserman explain the doctrine). [read post]
14 Feb 2022, 4:10 am by Howard Friedman
Project, (February 7, 2022).Robert Kahn, Face Veil Bans and “Living Together” – What’s Privacy Got to Do with It, (6 Public Governance, Administration and Finances Law Review 7 (2021).Sherif Girgis, Misreading and Transforming Casey for Dobbs, (Georgetown Journal of Law & Public Policy, Vol. 20, 2022).David Gans, Reproductive Originalism: Why the Fourteenth Amendment’s Original Meaning Protects the Right to Abortion, (SMU Law Review Forum (2022… [read post]
29 Dec 2021, 9:18 am by Neil H. Buchanan
  In private correspondence, another Florida-based law professor, Howard Wasserman (located hundreds of miles away from Gainesville in South Florida), asked a particularly interesting question about the total number of electors who would be eligible to vote after any successful objections. [read post]