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29 Jun 2018, 5:03 am
Politico reports on the judicial rejection of some of Paul Manafort's attacks on the Mueller investigation. In dicta, U.S. District Court Judge T.S. Ellis III's June 26 opinion comments on whether Robert Mueller's appointment violates the Appointments Clause of the Constitution: Professor Steven Calabresi has argued that the appointment of the Special Counsel may run afoul of the Appointments Clause of the Constitution because the Special Counsel is a principal, not an inferior… [read post]
20 Aug 2018, 11:16 am
A program at UC-Davis looks at the relationship between capitalism and racism.The website Campus Reform points to a multi-year academic program, Racial Capitalism, hosted at the UC-Davis Humanities Institute that explores the links between racism and capitalism (tip to Glenn Reynolds). Among the questions that were asked at the event launching the program are: "Which came first, capitalism or racism?" "Can there be capitalism without racism?" "Is capitalism always… [read post]
10 May 2010, 7:51 am
Other views: Ted and Carter at Point of Law, Ilya Somin, Jonathan Adler, and Jim Lindgren at Volokh. [read post]
14 Mar 2024, 11:16 am
[Philip Hamburger on How to Understand this Free Speech Case ] Philip Hamburger asked me to post these FAQs about Murthy v. Missouri. Philip is CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs in Murthy. I am on the NCLA's board. PHILIP HAMBURGER: Next Monday, the Supreme Court will hear arguments in Murthy v. Missouri considering whether it should sustain the injunction awarded to the plaintiffs in the Fifth Circuit. The plaintiffs are Missouri,… [read post]
7 Apr 2025, 10:37 am
[Tariffs #2: AEI says that the Administration Seems to Have Used the Wrong Number in its Formula] In an American Enterprise Institute article, Kevin Corinth and Stan Veuger claim that the Administration made a mistake when figuring the "reciprocal" tariffs that are the basis for its the schedule of tariffs released last week: The formula for the tariffs, originally credited to the Council of Economic Advisers and published by the Office of the United States Trade Representative,… [read post]
16 Oct 2008, 8:11 am
(HT Jim Lindgren) [read post]
16 Feb 2023, 9:30 am
[Philip Hamburger's Op-Ed at the Federalist on a case to be argued next week] On Tuesday, the Supreme Court will hear arguments in Gonzales v. Google, a case raising whether Section 230 protects Big Tech from federal laws against aiding terrorism—and possibly also state laws against tech censorship. Philip Hamburger has an important analysis of the case at the Federalist: "How A Terrorist Victim Can Help The Supreme Court Address Section 230." In… [read post]
14 Aug 2006, 7:23 am
Litvak (Texas): Blog as a Bugged Water Cooler Commentators Paul Butler (George Washington; BlackProf) Jim [read post]
15 Oct 2018, 9:05 pm
[Jim Lindgren, Ilya Somin] Tags: judicial nominations, Supreme Court [read post]
26 Mar 2024, 9:14 am
[Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy] Philip Hamburger, a professor at Columbia, is the CEO of the New Civil Liberties Alliance, which represents most of the individual plaintiffs (mostly scientists) in Murthy v. Missouri. Hamburger wrote the following post to respond again to Ilya Somin in their ongoing debate (here and here) over Freedom of Speech and coercion. [It was edited for tone about 3 hours after original posting, with the changes… [read post]
12 Oct 2018, 6:05 am
Ilya Somin raises the issue of packing the Supreme Court. To foreclose that possibility, I am proposing a constitutional amendment to prevent Congress from passing a statute to pack the US Supreme Court with more than nine members. If one party gains control of the White House and both houses of Congress, such a move is at least a possibility in the current degraded political atmosphere. If a party successfully packs the Court (as FDR tried to do during the New Deal), such an act would likely lead… [read post]
24 Dec 2009, 8:29 am
Here. It reminds me of a puzzle I sometimes presented to my Contracts class. Suppose a seller makes a representation that no reasonable buyer would believe. Buyer nevertheless believes it and relies upon it and buys the magic beans, flying car, whatever. Is it still fraud? And as we are about to discover, the beans are not magic, the car does not fly and so on. [read post]
4 Apr 2025, 9:53 am
" (Lindgren, Measuring Diversity) The Trump Administration seems to have rejected the theory of [read post]
15 Apr 2013, 7:15 pm
But, as Jim Lindgren’s comments indicate, that’s not how things look to Federalist Society [read post]
10 Sep 2008, 8:02 am
Jim Lindgren has more thoughts.In all fairness to Senator Obama, McCain has used the expression too. [read post]
7 Dec 2022, 1:11 pm
[What is meant by "each State by the Legislature thereof" that prescribes how to conduct elections?] Steve Calabresi sent me a rejoinder to Ed Whelan's response to Steve's recent op-ed in the Wall Street Journal. Whew! The subject is Moore v. Harper, argued today in the Supreme Court: Donald Trump's Constitution and Moore v. Harper By Steven Gow Calabresi (Professor, Northwestern Pritzker School of Law; Visiting Professor, Yale Law School) In an op-ed in the Tuesday,… [read post]
22 Feb 2007, 5:26 am
[Volokh Conspiracy] Professors Jim Lindgren and Randy Barnett of the Volokh Conspiracy both spoke at [read post]
22 Oct 2010, 12:08 am
For details, see this post by Jim Lindgren, who teaches law at Northwestern.That so many observers took [read post]
19 Jul 2010, 8:06 am
Second, like Jim Lindgren reading an essay by Michael Bellesiles, I'm getting twinges of doubt about [read post]
25 Mar 2024, 10:47 am
Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Jill Hines and Jim Hoft. [read post]
