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Friday, August 07, 2020

Developments in the SDNY Cases Challenging Trump's "I Won't Count Undocumented Immigrants as Inhabitants" Plan

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A couple of weeks ago I published a long post about President Trump’s announcement that he plans to exclude undocumented immigrants from h...

Allocating public honor: The cases of Benedict Arnold and Philipe

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Allocating public honor is no small issue.  Consider two possible candidates for such honor.  The first is Benedict Arnold.  Given that he i...
21 comments:

Will He Go?: An Interview with Lawrence Douglas

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I recently spoke with Lawrence Douglas (Amherst) about his new book, Will He Go? Trump and the Looming Election Meltdown in 2020  (Twelv...

Is John Marshall Next?

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America's reckoning with slavery and white supremacy is focused thus far mainly on Confederate monuments. But there is also an ongoing d...
39 comments:
Wednesday, August 05, 2020

Reports of the Reagan Era’s Death Are Greatly Exaggerated

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For the Symposium on Mark Tushnet,  Taking Back the Constitution: Activist Judges and the Next Age of American Law  (Yale University Press 2...

The difficulty of trying defendants in the courtroom and not the media

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Jeffrey Abramson Death penalty cases test the limits of our belief that defendants -- even despised defendants -- deserve trial in cour...
Tuesday, August 04, 2020

Tushnet’s Taking Back the Constitution

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For the Symposium on Mark Tushnet,  Taking Back the Constitution: Activist Judges and the Next Age of American Law  (Yale University Press 2...
Monday, August 03, 2020

Oleske on Koppelman

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Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photograph...

Constitutional meaning at a time of democratic crisis

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For the Symposium on Mark Tushnet,  Taking Back the Constitution: Activist Judges and the Next Age of American Law  (Yale University Press 2...
Saturday, August 01, 2020

We just never want to connect the dots between the Constitution and the threats to our national survival

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Delaware Senator Chris Coons has an excellent column in the Washington Post warning us that the presidential election is not the only one we...
88 comments:

AMA: Evan Bernick asks about liberal originalism

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Now that I have gotten past a bunch of deadlines, I can return to the AMA from last month. Next up are some questions from Evan Bernick: E...

Mark Tushnet and the "Next Age" Struggling to be Born

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For the Symposium on Mark Tushnet,  Taking Back the Constitution: Activist Judges and the Next Age of American Law  (Yale University Press ...
6 comments:
Friday, July 31, 2020

Gov. Scott Walker’s Proposed Mandamus to Compel Congress to Call an Article V Convention

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     After losing his bid for re-election in 2018, Wisconsin Governor Scott Walker enlisted as a consultant for several conservative groups....

There Are No Balls and Strikes in Constitutional Hardball

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For the Symposium on Mark Tushnet,  Taking Back the Constitution: Activist Judges and the Next Age of American Law  (Yale University Press 2...
Thursday, July 30, 2020

A Weak Assumption in the Discussion of Gorsuch in Bostock

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                    A lot of virtual ink has been spilled on Justice Gorsuch’s opinion for the Court in Bostock .   Much of it has adopted...