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7 Feb 2024, 5:19 am by Will Baude
This is especially plain in the context of presidential elections. [read post]
6 Feb 2024, 7:20 am by Will Baude
For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 1:37 pm by Rebecca Tushnet
A: takings: Sony rootkit is installed, and you’re not allowed to remove it because of the power of the state; similar to Loretto v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
US District Judge Roger Benitez based his decision on the US Supreme Court’s holding in New York State Rifle and Pistol Association v. [read post]
30 Jan 2024, 9:02 pm by renholding
 Prohibiting a person from taking “any action to make . . . any public statement that the complaint is without factual basis” is a plain prior restraint on speech.[22]  Prohibiting that same person from “permit[ting] to be made any public statement that the complaint is without factual basis” only exacerbates the problem by imposing on the defendant an obligation to restrain speech by others. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Although the militia system has long since been superseded by a huge standing army (and navy and air force), not to speak of a vast military-industrial apparatus, that does not change the plain meaning of “invasions” in this clause – hostile armed incursions into or against U.S. territory that must be repelled with military force. [read post]
29 Jan 2024, 8:09 am by Kurt Lash
Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. [read post]
29 Jan 2024, 4:00 am by Administrator
Victoria is a state in southeast Australia. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
26 Jan 2024, 10:37 am by Justin A. Guilfoyle
Another huge relief for New York employers, the Second Department stated that the plain language of NYLL § 1981(1-a) and the law’s legislative history clearly support the conclusion that this statute addresses nonpayment and underpayment of wages, not the frequency of those payments. [read post]