Search for: "Stephen E. Sachs"
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3 Oct 2023, 1:56 pm
[Why Article I's residence requirement applies to appointees.] Yesterday I noted the concern that Laphonza Butler—sworn in earlier today as a senator from California—remains under the Constitution a citizen of Maryland, not an "inhabitant" of California as Article I requires. (There are also arguments that she was not yet a California "elector" when appointed, as state law may require.) Because the U.S. Senate is "the Judge of the Elections, Returns and… [read post]
15 Jan 2026, 1:55 pm
[A few thoughts on the oral argument in Galette v. N.J. Transit Corp.] The Supreme Court heard argument yesterday in Galette v. New Jersey Transit Corporation, a pair of consolidated cases asking whether the New Jersey Transit Corporation shares in the State of New Jersey's sovereign immunity. The plaintiffs, who were hit by N.J. Transit buses in Pennsylvania and in New York, argue no. Sovereign immunity is for sovereigns, and New Jersey deliberately created the… [read post]
28 Jun 2023, 2:56 pm
[Some reflections on the decision in Mallory.] Yesterday the Court reversed in Mallory v. Norfolk Southern Railway Co., upholding personal jurisdiction under consent-by-registration statutes. Importantly, the Court distinguished between two different legal questions. Whether a state can use consent as a basis for personal jurisdiction is reviewed under the Due Process Clause of the Fourteenth Amendment. But whether it can offer particular inducements to secure that consent, like the right to conduct… [read post]
9 Dec 2022, 11:30 am
[What power lets Congress exempt harassment allegations from NDAs?] On Wednesday the President signed the "Speak Out Act," now Public Law 117-224. The law exempts disputes over sexual assault or harassment from pre-signed nondisclosure or nondisparagement agreements, in the hopes of encouraging survivors to come forward without fear of being sued. Putting the policy virtues to one side, I'm wondering: what's the source of congressional authority here? A state might decide to void… [read post]
7 Dec 2021, 7:53 pm
[The moral case for positive law.] "Slavery was legal; it was also wrong, so wrong as to justify resistance to the law." Many people find this sentence both comprehensible and true. They see law as a product of its society; sometimes that "positive" law has to be resisted, because societies can go quite badly wrong. But to some others, things are more complicated. They see law as a branch of political morality, and though it isn't always perfect (political morality being… [read post]
21 Jul 2025, 9:33 am
[A critical review of a new book on history and originalism.] Does history defeat originalism? A recent book by Jonathan Gienapp, Against Constitutional Originalism, argues that it does. Will Baude and I have a critical review of the book, forthcoming in the Yale Journal of Law & the Humanities, that's now available on SSRN. From the abstract: Jonathan Gienapp's Against Constitutional Originalism accuses originalism of a kind of self-defeat, arguing that the Founders weren't… [read post]
20 Jan 2022, 6:35 am
rsquo;s the Thursday morning read: Supreme Court ruling is a bitter legal and personal blow to Trump (Stephen [read post]
4 Dec 2024, 4:14 am
Fallon Jr., Jeannie Suk Gersen, Annette Gordon-Reed, Elizabeth Papp Kamali, Stephen E. [read post]
2 Jul 2024, 8:26 am
Sachs has advanced. [read post]
22 Mar 2023, 6:21 pm
[A defense of institutional neutrality.] To second an important point made in Dean Martinez's new letter (discussed in David Bernstein's post below): law schools, like other institutions, sometimes have good moral reasons to stay silent on important moral questions. At the same time, I want to set expectations clearly going forward: our commitment to diversity, equity, and inclusion is not going to take the form of having the school administration announce institutional positions on a wide… [read post]
18 Sep 2018, 2:35 pm
My amicus brief with Stephen Sachs in Franchise Tax Board v. [read post]
7 Oct 2019, 6:07 am
McDonald (Virginia 2007 / Sutton), Director of Enforcement, CFTCStephen E. Sachs (Yale 2007 / S. [read post]
22 Dec 2013, 7:21 am
, Texas Monthly, March 2013 Miscellany • Stephen B. Kaplitt, Letter to Richard D. [read post]
11 Sep 2013, 9:05 pm
Better use of incentives could reduce costs of discovery [Rebecca Womeldorf, WLF] “The ‘e& [read post]
27 Dec 2015, 6:30 am
Robert Stephens. Beverly Cross. EGOT. (Emmy Grammy Oscar Tony) Smith on Carole Burnett show. [read post]
11 Nov 2024, 7:26 am
But rather than "debat[e] the pros and cons of originalism" at level of theory, Balkin suggests [read post]
10 Jan 2012, 6:17 pm
Stephen E. [read post]
28 Jan 2019, 3:01 pm
* Victoria Nourse * Stephen [read post]
12 Sep 2019, 3:30 am
Founding Era texts that draws on the best interdisciplinary methods available”;1 William Baude and Stephen [read post]
10 Sep 2018, 5:56 pm
” Third, Will Baude and Stephen Sachs’s positivist defenses of originalism rely [read post]
