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Ever a pioneer, ever a student — learning through our mistakes and failures
Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug....The postMaking …
Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace...The postLiberty …
Drug detection dogs are critical tools in the fight against drug trafficking. However, law enforcement canines are imperfect: They sometimes incorrectly alert when performing...The post<em>United …
Our society generally agrees that possessing, producing, and distributing child sexual abuse material (CSAM) is morally reprehensible. This societal judgment is represented in sentencing...The postWhen …
In SEC v. Jarkesy, the Supreme Court failed to fully clarify the “unquestionably muddy” relationship between Article III and the Seventh Amendment. Yet it...The post<em>Sun …
“[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress …
In 2009, President Barack Obama set off a “radioactive” debate when he told the White House Press Corps that he would seek a judge...The postBad …
All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § …
* * * Case NameCitationForm of Comparison / Level of RelianceOpinionDefensive?PlainMeaning?Abbott v. Perez138 S. Ct. 2305 (2018)Both policy and administrability / Undesirable results +...The postAppendix …
The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state...The post<em>People …
State constitutions serve as important sources of individual rights. They often extend broader protections than the Federal Constitution and have, in some instances, included...The post<em>Black …
The kids are not okay. Evidence of decreasing school performance, increasing rates of depression and anxiety, and declining social engagement among minors has created...The postContent …