Jul 4 2023 Topics Founding Era & History Blog Post News Independence Day Randolph J. May Over the years, as I have contemplated writing my annual Independence Day message, I have...
Jul 3 2023 Topics First Amendment • Free Speech & Election Law Blog Post News With an Originalist Understanding of the First Amendment, the 303 Creative Case Would Have Been Much Easier Robert G. Natelson On the last day of its recent term, the Supreme Court decided 303 Creative v....
Jul 1 2023 Topics Constitution • Litigation • Supreme Court Blog Post Mallory v. Norfolk Southern: The Originalist Revolution That Wasn’t Brian T. Fitzpatrick In Mallory v. Norfolk Southern Railroad, the Supreme Court held that a Pennsylvania statute that...
Jun 30 2023 Topics Administrative Law & Regulation • Education Policy • Litigation Blog Post News Florida Lawsuit Opens New Battleground over Federal Accreditation Policy Donald A. Daugherty, Paul F. Zimmerman Postsecondary accreditation, once a low-profile policy backwater, has suddenly become a major target of reform...
Jun 30 2023 Topics Constitution • Federalism • Supreme Court • Environmental Law & Property Rights Blog Post News Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting Robert G. Natelson A Supreme Court ruling, like many other things, may not be quite what it seems....
Jun 28 2023 Topics Financial Services • Litigation • Professional Responsibility & Legal Education Blog Post News Eleventh Circuit Upholds Sanctions Imposed on CFPB for Litigation Misconduct John J. Park In a decision issued on June 12, 2023, the Eleventh Circuit Court of Appeals affirmed...
Jun 27 2023 Topics Constitution • Supreme Court • Environmental Law & Property Rights Blog Post Arizona v. Navajo Nation: SCOTUS Zags Back Robert G. Natelson Indian law, including Indian constitutional law, is famously chaotic. With the Supreme Court’s 5-4 decision...
Jun 26 2023 Topics Administrative Law & Regulation • Corporations, Securities & Antitrust • Litigation Blog Post News The Demise of the SEC’s Adjudication System Russell G. Ryan This post was originally published at Notice & Comment. Earlier this month on a Friday...
Jun 23 2023 Topics Supreme Court • Religious Liberties Blog Post Does United States v. Hansen Reveal the Court’s Reasoning in Groff v. DeJoy? James C. Phillips Today the Court handed down its decision in United States v. Hansen. In so doing,...
Jun 21 2023 Topics Constitution • Supreme Court • Federalism & Separation of Powers Blog Post News The Supreme Court’s Confused Decision in Haaland v. Brackeen Robert G. Natelson On June 15, the Supreme Court issued Haaland v. Brackeen. Among other issues, the Court...
Topics
Independence Day
Over the years, as I have contemplated writing my annual Independence Day message, I have...
Topics
With an Originalist Understanding of the First Amendment, the 303 Creative Case Would Have Been Much Easier
On the last day of its recent term, the Supreme Court decided 303 Creative v....
Topics
Mallory v. Norfolk Southern: The Originalist Revolution That Wasn’t
In Mallory v. Norfolk Southern Railroad, the Supreme Court held that a Pennsylvania statute that...
Topics
Florida Lawsuit Opens New Battleground over Federal Accreditation Policy
Postsecondary accreditation, once a low-profile policy backwater, has suddenly become a major target of reform...
Topics
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting
A Supreme Court ruling, like many other things, may not be quite what it seems....
Topics
Eleventh Circuit Upholds Sanctions Imposed on CFPB for Litigation Misconduct
In a decision issued on June 12, 2023, the Eleventh Circuit Court of Appeals affirmed...
Topics
Arizona v. Navajo Nation: SCOTUS Zags Back
Indian law, including Indian constitutional law, is famously chaotic. With the Supreme Court’s 5-4 decision...
Topics
The Demise of the SEC’s Adjudication System
This post was originally published at Notice & Comment. Earlier this month on a Friday...
Topics
Does United States v. Hansen Reveal the Court’s Reasoning in Groff v. DeJoy?
Today the Court handed down its decision in United States v. Hansen. In so doing,...
Topics
The Supreme Court’s Confused Decision in Haaland v. Brackeen
On June 15, the Supreme Court issued Haaland v. Brackeen. Among other issues, the Court...