Federalism & Separation of Powers

"Stare Decisis" and the Separation of Power

• Randy J. Kozel

Stare decisis makes it harder for judges to change the law. The principle, which captures...

Separation of Powers: A Primer

• James M. Burnham

Constitutional concepts like free speech or the right to bear arms are ingrained in our...

State Court Docket Watch News Clips: 9/8/2015

• Zach Mayo

The Washington Supreme Court ruled that the state's charter school voter initiative is unconstitutional. Since...

Missing the Point

• Erwin Chemerinsky

If any place should be available for peaceful, non-disruptive protest, it is the plaza in...

If Marriage Is a Federal Constitutional Right...

However happy the result for some of us, the Supreme Court’s 5-4 discovery in Obergefell...

Constitutional Right to School Choice?

• Clint Bolick

No one is a more fervent fan of school choice---or for that matter, of creative legal advocacy---than...

State Court Docket Watch News Clips: 9/2/2015

• Zach Mayo

Arkansas Attorney General Leslie Rutledge issued an opnion interpreting state law to fobid counties and...

America's Great Charter

• Andrew Cook,
• Michael Stokes Paulsen,
• Luke Paulsen

Eight hundred years and a few weeks ago, a group of rebellious barons forced King...

Exceptionalism

• Michael B. Mukasey

Oddly, a smidgen of a statement by the President back in 2009, made on the...

State Court Docket Watch News Clips: 8/28/2015

• Zach Mayo

The ACLU has filed suit challenging Nevada's new school voucher program, claiming it violates the...