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27 Nov 2023, 4:26 am by Will Baude
Kurt Lash, The Meaning and Ambiguity of Section Three of the Fourteenth Amendment 10 (Oct. 28, 2023) (unpublished draft on SSRN). [read post]
18 Nov 2023, 4:28 am by Mark Graber
 Researching whether the persons responsible for Section Three of the Fourteenth Amendment thought the president was an officer of the United States is a bit like researching whether George Washington had five fingers on his right hand. [read post]
2 Nov 2023, 1:16 pm by Ilya Somin
Participants included a variety of legal scholars and other experts, including Michael Stokes Paulsen (coauthor of a widely discussed article arguing Trump should be disqualified), Kurt Lash (author of an article cutting more the other way), VC blogger Josh Blackman (coauthor of an article defending Trump's eligibility), and myself. [read post]
2 Nov 2023, 7:32 am by ernst
Kurt Lash, University of Richmond School of Law, weighs in on the constitutional controversy of the moment with The Meaning and Ambiguity of Section Three of the Fourteenth Amendment:Thaddeus Stevens (LC)Section Three of the Fourteenth Amendment disqualified anyone from serving in the House or Senate, or as a presidential elector, if they had betrayed their oath of fealty to United States and joined the Confederacy during the American Civil War. [read post]
30 Oct 2023, 5:01 pm by Rick Hasen
Foley, Mark Graber, Rebecca Green, Gretchen Helmke, Sherrilyn Ifill, Sam Issacharoff, Kurt Lash, Lisa Manheim, Derek Muller, and Daniel… Continue reading The post Watch Archived Video of Safeguarding Democracy Project Conference: “The Law and Politics of Potentially Disqualifying Donald Trump from Running for President” appeared first on Election Law Blog. [read post]
25 Oct 2023, 4:30 am by Michael C. Dorf
" Professor Segall cites a new article draft by Professor Kurt Lash, who dives deeply into the history of Section 3 and finds that it was not clear whether it was intended to apply to insurrections or rebellions other than the Civil War. [read post]
20 Oct 2023, 9:30 pm by Karen Tani
”  Presenters include Josh Blackman, Mark Graber, Kurt Lash, and Eric Segall, q.v. this. [read post]
18 Oct 2023, 8:00 am by Eric Segall
Two examples are Professor Larry Tribe, who thinks Trump is disqualified, and Professor Stephen Calabresi, one of the co-founders of the Federalist Society, who first agreed with Tribe but has since changed his mind and thinks Trump can't be disqualified because, among other reasons, the presidency is not covered by Section 3.And, finally (at least for now), enter another leading expert on the history of the 14th Amendment, Professor Kurt Lash. [read post]
12 Oct 2023, 6:59 pm by Steven Calabresi
  The link to Kurt Lash's excellent draft law review article is here:   https://papers.ssrn.com/sol3/papers.cfm? [read post]
6 Oct 2023, 5:48 pm by Rick Hasen
Kurt Lash (who will be speaking at the October 20th virtual conference on Trump’s potential disqualification sponsored by the Safeguarding Democracy Project) has posted this draft on SSRN. [read post]
6 Oct 2023, 3:53 pm by Josh Blackman
"] Professor Kurt Lash has posted an important new paper to SSRN, titled "The Meaning and Ambiguity of Section Three of the Fourteenth Amendment. [read post]
24 Aug 2023, 1:25 pm by Lawrence Solum
Kurt Lash (University of Richmond School of Law) has posted The Federalist and the Fourteenth Amendment—Publius in Antebellum Public Debate, 1788–1860 (Brigham Young University Law Review, Vol. 48, No. 6, 2023) on SSRN. [read post]
15 May 2023, 5:01 am by Anthony Sanders
For example, conspirator Randy Barnett has argued the former while Professor Kurt Lash, has, in good faith, argued otherwise. [read post]
17 Feb 2023, 9:30 pm by ernst
Kurt Lash and Kermit Roosevelt discuss the Slaughterhouse Cases with Jeffrey Rosen on the National Constitution Center's podcast.The new Editor-in-Chief of the Virginia Law Review has a shout-out to Cynthia Nicoletti for her legal history courses. [read post]
8 Feb 2023, 8:16 pm by Josh Blackman
" Joel Tiffany, A Treatise on the Unconstitutionality of American Slavery (1849), reprinted in 2 The Reconstruction Amendments: The Essential Documents 237, 237–38 (Kurt T. [read post]
23 Jan 2023, 7:30 am by Guest Blogger
It also includes the writings of such originalist scholars as well as Nathaniel Chapman, John Harrison, Kurt Lash, Michael McConnell, Ryan Williams, and Ilan Wurman. [read post]
14 Dec 2022, 7:46 am by Stephen Halbrook
Kurt Lash—fail to make a convincing case that the meaning of the Bill of Rights changed in1868. [read post]
21 Oct 2022, 6:30 am by Guest Blogger
But if the clause is a guarantee only of federally enumerated rights, as Kurt Lash has argued, then Fleming’s argument does not work. [read post]