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Reversed: The Court Ends Affirmative Action
On June 29, the Supreme Court of the United States decided Students for Fair Admissions...
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Artificial Intelligence and Administrative Law
The Federalist Society recently hosted a webinar entitled New Voices in Administrative Law: The Emerging...
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Independence Day
Over the years, as I have contemplated writing my annual Independence Day message, I have...
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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....
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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...
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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...
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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....
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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...
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Arizona v. Navajo Nation: SCOTUS Zags Back
Indian law, including Indian constitutional law, is famously chaotic. With the Supreme Court’s 5-4 decision...
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The Demise of the SEC’s Adjudication System
This post was originally published at Notice & Comment. Earlier this month on a Friday...