Search for: "Stephen E. Sachs"
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28 May 2024, 9:30 pm
Stephen E. [read post]
24 Oct 2016, 6:30 am
William Baude, University of Chicago Law School, and Stephen E. [read post]
19 Nov 2024, 6:58 pm
Stephen E. [read post]
19 Nov 2024, 6:58 pm
Stephen E. [read post]
4 Oct 2023, 12:15 am
According to Harvard Law School Professor Stephen E. [read post]
21 Jul 2025, 11:56 am
today's theme of response to Jonathan Gienapp's Against Constitutional Originalism: Stephen [read post]
24 Jul 2019, 8:44 am
William Baude, University of Chicago Law School, and Stephen E. [read post]
22 Oct 2019, 9:30 pm
William Baude, University of Chicago Law School, and Stephen E. [read post]
24 Jul 2019, 8:44 am
William Baude, University of Chicago Law School, and Stephen E. [read post]
23 Jun 2014, 5:00 am
20,000 634,828 Claes Dahlbäck 0 498,048 0 25,000 523,048 Stephen [read post]
1 Jun 2016, 7:13 am
William Baude, University of Chicago Law School, and Stephen E. [read post]
15 Nov 2023, 6:30 am
William Baude, University of Chicago Law School, Jud Campbell, Stanford Law School, and Stephen E. [read post]
23 Apr 2021, 9:30 pm
""The scholarly e-journal Locus-Tijdschrift voor Cultuurwetenschappen, published by the Open [read post]
5 Nov 2021, 11:30 am
[How are the remedies supposed to work?] (Continued from prior posts.) The more I think about it, the more confused I am by how the various SB8 challenges are supposed to work, even if they succeed. Consider the following outcomes: An injunction granted to the provider plaintiffs, barring a defendant class of state court clerks from accepting SB8 suits. An SB8 plaintiff (call him Joe) goes to a Texas state court to file his lawsuit and demand his $10,000. The clerk obeys the injunction, so she… [read post]
15 May 2024, 1:07 pm
[Why originalist criticisms of Dobbs often misfire, and why criticisms *of* Dobbs's originalism often misfire too.] Was Dobbs an originalist opinion? Did it abandon originalism for "history and tradition"? Or did the Court's history show originalism itself to be fatally flawed? I'd say "yes," "no," and "of course not." To that end, I've got a new paper, forthcoming in the Harvard Journal of Law & Public Policy, defending… [read post]
16 Jan 2024, 6:58 am
[A keynote address to the Symposium on Common Good Constitutionalism.] In October 2022, a symposium was held at Harvard on my colleague Adrian Vermeule's book Common Good Constitutionalism. Though I have many disagreements with the project, I was honored to present the keynote address, "According to Law," which is now among the papers published in the latest issue of the Harvard Journal of Law & Public Policy. Here's the abstract: What we ought to do, according to law,… [read post]
23 Jan 2025, 10:51 am
repeated by states in their instruments of ratification; and it seems to have been accepted as legally e& [read post]
16 Apr 2024, 8:41 am
[How a use tax on mifepristone might scramble abortion debates.] Yesterday in my conflict of laws class I taught South Dakota v. Wayfair, the 2018 case which lets states force out-of-state sellers to collect and remit use taxes. This morning I wondered why it hasn't been invoked more in the debates over interstate restrictions on abortion. Wayfair involved a South Dakota requirement that businesses pay sales taxes on the products they sell into the state. If they don't, their customers… [read post]
13 Sep 2023, 5:38 am
[A long history of amending resolutions with legal effect.] When Congress proposed the Equal Rights Amendment in 1972, it specified in its joint resolution (86 Stat. 1523), agreed to by two-thirds of each House, that the ERA would become valid "when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress." Not enough states ratified before the seven years elapsed, or even before the end of a three-year… [read post]
14 Nov 2021, 7:47 pm
[Would the outcome in Dobbs put originalism in doubt?] Josh Blackman quotes a conservative 3L as suggesting that, if the Dobbs case doesn't overrule Roe, he or she might have to give up on originalism. I've heard sentiments like these before, and I have to say, they puzzle the heck out of me. Why would anyone upset by Dobbs conclude, "gosh, I'd better change what I believe the Constitution says about recess appointments and the Confrontation Clause"? What kind of views of… [read post]
