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22 Dec 2023, 5:00 am by jonathanturley
 However, it is also important to note that a series of Democratic jurists previously refused to do so in various cases. [read post]
21 Dec 2023, 9:02 pm by Michael C. Dorf
I noted above that the Supreme Court has never construed this provision that was adopted in the wake of the Civil War to prevent Confederate traitors from attaining the reins of government. [read post]
4 Dec 2023, 11:26 am by Stephen E. Sachs
Note the claim being made here: not that we define rights in general terms, but that they did. [read post]
20 Nov 2023, 9:01 pm by Marci A. Hamilton
The Court itself did not consider the decision to be world-changing, but rather a summary of their prior cases. [read post]
18 Nov 2023, 4:28 am by Mark Graber
”  Sometimes, as in the case of Senator Luke Poland, they spoke only of “governmental oaths. [read post]
18 Nov 2023, 4:00 am by jonathanturley
While Wallace reached the right conclusion, she committed, in my view, fundamental errors in her analysis on the free speech elements of the case. [read post]
28 Oct 2023, 3:24 pm by centerforartlaw
Legality of Removing Confederate Monuments When looking at the legality surrounding the removal of Confederate monuments, it is a complex issue that is a case by case situation. [read post]
9 Oct 2023, 3:50 pm by Ilya Somin
  But, on some issues, they have a point,  as in the case of taking down Confederate monuments. [read post]
16 Sep 2023, 2:47 pm by Ilya Somin
A big part of the reason for enacting Section 3 in the first place was the fear that southern white voters in ex-Confederate states would be motivated to elect ex-Confederate insurrectionists. [read post]
8 Sep 2023, 8:26 am by Second Circuit Civil Rights Blog
The Court of Appeals notes that plaintiff's work environment was polluted with numerous racial and sexist epithets, the Confederate flag was depicted on employees' vehicles and clothing, and nooses were displayed on three separate occasions near the workstations of Black employees. [read post]
28 Aug 2023, 4:00 am by Michael C. Dorf
.'"A couple of weeks ago, my co-blogger Professor Eric Segall questioned what he deemed the pervasively originalist methodology of Professors Baude and Paulsen, noting, among other things, that, in the very year that the Fourteenth Amendment was ratified, Chief Justice Salmon Chase ruled that Section 3 is not self-executing in a case that has come to be known as In  Re Griffin. [read post]
15 Aug 2023, 7:55 am by Evan George
” The plaintiffs won this case on climate science. [read post]
11 Aug 2023, 3:00 am by Will Baude
These men who arrived in Washington included several who had held prominent positions in the rebel Confederacy: "four Confederate generals, four colonels, several Confederate congressmen and members of Confederate state legislatures, and even the vice president of the Confederacy, Alexander Stephens. [read post]
28 Jul 2023, 6:26 pm
  The the European Think-tank Network on China (ETNC) has just released its 2023 Report: From a China strategy to no strategy at all: Exploring the diversity of European approaches. [read post]
4 Jul 2023, 6:57 am by Randy E. Barnett
And it forms the basis for Martin Luther King's metaphor of the civil rights movement as a promissory note that a later generation has come to collect. [read post]
In 2021, he brought a U.K. libel case against Eliot Higgins, the founder of the open-source investigative group Bellingcat, who had published evidence about Prigozhin’s involvement with the group. [read post]
17 Jun 2023, 12:37 pm by Eugene Volokh
I do want to note that since I host many of my own local services and many devices are local only. [read post]
17 Jun 2023, 7:57 am by Matt Tait
Editor's Note: The following was originally published on Matt Tait's Substack, PwnAllTheThings. [read post]