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An excerpt from my 2013 co-authored article on Harlan's constitutional law lectures.
Justice Gorsuch twice referenced Justice Harlan's constitutional law lecture on Wong Kim Ark.
When the Supreme Court, on April 1, heard arguments about birthright citizenship in Trump v. Barbara, the justices focused on jurisdiction. The Fourteenth Amendment provides: “All...
Another religious freedom case in a free speech guise
The Chief Justice reminds us why he was the best lawyer of his time.
This term, the Supreme Court is considering a case that can change the entire structure of the US constitutional system, putting the president in policy control of all the agencies...
Fulton was the closest we'll get.
In his piquant memoir, Streetwise, Lloyd Blankfein, former CEO of Goldman Sachs, shares an arresting anecdote about the administrative state. The SEC sued Goldman for allegedly mis...
Yes, there is a Domestic Emoluments Clause issue.
When disbarment becomes a foreseeable consequence of advancing controversial legal theories in politically charged contexts, the effect is to narrow the range of permissible legal...
The Supreme Court needs to bring clarity to this issue.
“[The U.S. Justice Department's] core argument—that government lawyers are exempt from ethical oversight when giving internal advice—has no basis in the Rules of Professional Condu...
So long, law license ... hello, grift train! The post John Eastman Is The Most Persecuted Man Since Jesus — Just Ask Him, He’ll Tell You! appeared first on Above the Law.
Why was there no grant? Or at least a GVR to the First Circuit?
From Judge Mark Kearney (E.D. Pa.) yesterday in Doe v. Trustees of the Univ. of Penn.(for more on the quote… The post No Pseudonymity for Plaintiff Allegedly "Enticed by an Attract...
Jay Near was a hateful man whose litigation set a vital precedent for free speech.
From Judge Gerald Pappert (E.D. Pa.) yesterday in EEOC v. Univ. of Pa.: Based on public statements by the University… The post EEOC May Subpoena Penn's Records as to "Jewish-Relate...
Compare what Bill Clinton did with Monica Lewinsky to what "Subject Judge" did with her paramour.
By D P Curtin, Public Discourse. The rule of law endures only where law acknowledges that the state is not the highest authority. The modern legal system often speaks as if the rul...
The second in a series.
Another decision where the conservatives line up against federal preemption.
Harvey C. Mansfield Jr. is among America’s foremost political scientists. He has translated the works of key thinkers from Niccolo Machiavelli to Alexis de Tocqueville, and written...
From today's corrected opinion by Judge Andrew Carter (S.D.N.Y.) in Horowitz v. AJP Educ. Found., Inc., the plaintiff's allegations: Horowitz… The post Conspiracy Lawsuit Against N...
In the post–Civil War era, writes law professor Green, a “freethought” movement swept across the United States. It was never quite coherent, with many strains of dissent advocating...
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