an unanticipated consequence of
Jack M. Balkin
Wednesday, November 25, 2015
Confirmed: The Iran JCPOA ain't a treaty (or an executive agreement, for that matter)
As I was saying . . . For more on this, see these two posts from August.
The very practical reason the Supreme Court should decide the DAPA case this Term
The parties in United States v. Texas , No. 15-674 , disagree about when Texas ought to be required to file its brief in opposition to the f...
Khaitan on Discrimination Law
Tarunabh Khaitan’s valuable book, A Theory of Discrimination Law , proposes a general account of a type of law that now can be found in...
Tuesday, November 24, 2015
Evenwel and Minority Representation
Next month, the Supreme Court will consider Sue Evenwel’s bid to change the way state and local governments draw election districts. ...
Monday, November 23, 2015
A Tub To A Whale
Congressman Aedanus Burke is not a household name, but during the First Congress he contributed something distinctive to legal discourse by ...
Use and Reference Squared
The summary of a story in today's Chronicle of Higher Education reads, "Kansas professor is on leave after students complain over...
Sunday, November 22, 2015
The Perils of Originalism: Notes from Zivotofsky II
One of the important and well-known problems with originalism is that even smart judges rarely have the historical knowledge an...
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