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SCOTUS Orders and Opinions Update
(1) The Court issued a per curiam opinion in White v. Pauly (pp. 33-40 of the Order...
Will Trump Have the First Numerate Administration?
On November 28, 2016, the Department of Justice (DOJ) filed an amicus curiae brief urging the Supreme...
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Federal Regulation, Judicial Stays, and the Right to Appeal
The election results have raised serious doubts about the future of President Obama’s Clean Power...
When Enforcing the Constitution Means Rejecting Precedent: A Reply to Greg Weiner
Part bull, part man, and nourished by Athenian blood, the minotaur has been the stuff...
An Obama mandate to trim outmoded rules is one Trump should keep
Here’s the way I began my commentary, “One Obama Executive Order That Makes Sense,” published...
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Silvester v. Harris: Watered-Down Intermediate Scrutiny
In Silvester v. Harris, the Ninth Circuit Court of Appeals upheld a California law requiring...
Deciding Unclear Originalist Cases: Towards Good-Faith Constitutional Construction
Interpreting a centuries-old document and applying it to factual circumstances unknown and perhaps inconceivable to...
What a Trump Administration Might Mean for Employers
On December 13, 2016, the Littler law firm sponsored a program entitled “The 2016 Presidential...
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Make the Civil Rights Division Great Again? -- Notes on "This is What a Trump Civil Rights Agenda Should Look Like"
Robert Driscoll has an outstanding post up at National Review Online titled “This is What...
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SCOTUS Cert update
The Supreme Court granted cert in four new cases yesterday. (1 & 2) Turner v. United States and Overton v....