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Tariff Orders Prompt Challenges to Presidential Authority and Congressional Delegation
In February 2025, President Trump began issuing executive orders and taking other presidential actions to...
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The Copyright Office’s Report on AI Training Material and Fair Use: Will It Stymie the U.S. AI Industry?
On May 9, the U.S. Copyright Office (USCO) finally released its report analyzing whether training...
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With Denial of Cert in Apache Stronghold, Substantial Burden Analysis Remains Confused
Yesterday, the Supreme Court denied a petition for certiorari in Apache Stronghold v. United States....
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Can the President Revoke Harvard’s Tax-Exempt Status?
For decades, most U.S. colleges and universities have been largely tax exempt. Yet President Trump...
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That These Dead Shall Not Have Died in Vain
It’s difficult for me to think of Memorial Day without Abraham Lincoln coming to mind....
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Libby v. Fecteau: Supreme Court Blocks Maine House of Representatives from Punishing Members for Their Speech
Maine State Representative Laurel Libby made a Facebook post identifying a transgender athlete who had won...
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The Future of Class Actions after Oral Argument in Trump v. CASA
Many people have asked me in the days after the Supreme Court argument in the...
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Keeping Cops Accountable: Supreme Court Issues Decision in Barnes v. Felix
For far too long, the idea that state actors who violate our rights should be...
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Do Compelled Biometrics Violate the Fifth Amendment? A Deepening Split Among Lower Courts
Chief Justice Roberts remarked in 2014 that modern cell phones are “such a pervasive and...
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Does the Trump Administration Have “Good Cause” to Skip Notice and Comment?
If we were purists, federal agencies would scarcely make rules at all. The Founders did...