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As someone who has long profited from and appreciated Roger Pilon’s work, I must admit that I am gratified to see him reckon with my work—however critically—in his recent essay, “O...
In his abstruse “Substantive Due Process Is Still Antidemocratic,” the Manhattan Institute’s Tal Fortgang critiques a California Law Review essay from two Yale Law denizens, Dougla...
An argument in support of the Supreme Court's Voting Rights Act jurisprudence one is unlikely to hear in academia.
A judge ruled that the Quebec provincial government, as well as former Minister of Tourism Caroline Proulx, broke the law… The post Brickbat: Liberté d'Expression appeared first on...
A conversation with a lead attorney for one of the most significant academic freedom cases in recent years
I took part along with Deborah La Fetra of the Pacific Legal Foundation (who helped litigate the case).
From Third Circuit Judge Emil Bove's dissent last week from the one-line denial of mandamus in In re Mylan, Inc.… The post "This Direct Monetization of Prior Government Service Is...
by Jonathon Van Maren, The Bridgehead
It's a project of Studium; Studium's Constitutional Law Advisory Board includes Prof. and National Constitution Center CEO Jeffrey Rosen, Prof.… The post Check Out the National Hig...
Constitutional limits on federal authority should not be partisan matters.
Chief Justice of the federal Supreme Court John Roberts has been accused of infidelity to the United States constitution on a number of occasions, but now he is going beyond that i...
Armed canvassers, extrajudicial killings, and guns on the metro.
Bradley Smith writes for National Review Online about the importance of protecting political speech. Here’s a thought experiment: What percentage of your fellow citizens would have...
The dissent cited Randy's Trump Is Right on Birthright Citizenship and an annotated transcript of John Marshall Harlan's 1897-98 Lectures on… The post Congratulations to Randy Barn...
Prosecutor professional misconduct, detention without bond, and wanton statch interpretation.
The article is here; here's the Introduction: The gravest contemporary threats to expressive freedom do not always take the form of… The post Journal of Free Speech Law: "Policing...
This publication has been inundated with essays by academics critical of Louisiana v. Callais, but has not published a single one in defense of it. So I decided to take it on in my...
When you lack historical context, refuse to read the Constitution for yourself, and instead listen to right-wing provocateurs, this is how you end up disappointed—and how you end u...
With a flashback to my resignation.
"This tale of two chiefs depends entirely on whether Roberts determines the decision will lead to the best of times or the worst of times. If the Chief fears rough roads ahead, les...
Supreme Court is strengthening the world’s greatest governing charter
"Flagging for you a new essay by Chief Justice Roberts on William Howard Taft for In Pursuit..."
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