Search for: "Steven Calabresi"
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14 Dec 2024, 6:38 pm
Many readers of this Blog may be interested in knowing more about Sheldon Gilbert, the new President of the Federalist Society who will take over from Eugene Meyer on January 2, 2025. Sheldon is a brilliant libertarian conservative who is 44 years old, has four children, and has held leading positions at the Chamber of Commerce litigation team, the Institute for Justice litigation team, the National Constitution Center headed-up by Jeff Rosen, and as a senior counsel at Walmart, which recently… [read post]
20 Jun 2024, 4:10 pm
[Unpublished opinions are a growing threat to the rule of law] Judge Jerry Smith of the United States Court of Appeals for the Fifth Circuit has responded to my June 19th post on this blog by e-mail with a critique. My earlier blog post said that the fact that 90% of federal court of appeals decisions are designated as "unpublished" is a growing threat to the rule of law. Judge Smith does point out correctly that Federal Rule of Appellate Procedure 32.1 states that (for federal courts… [read post]
4 May 2024, 6:36 pm
[Orin Kerr's reading of NY criminal law is overly broad and would chill constitutionally protected speech] My co-blogger Orin Kerr argues that the NY Falsifying Business Records law, Section 175.10 includes two elements: 1) falsifying business records; and 2) doing so "when the intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof." Orin hypothesizes that the part of the law mentioned in Part 2 of this test need not survive First… [read post]
7 Jan 2024, 10:01 am
[A Response to Ilya Somin] Ilya Somin has responded to my post yesterday by denying that Section Three of the Fourteenth Amendment only applies to Insurrections and Rebellions that are akin to the Civil War. He suggests it would have applied to Shay's Rebellion or the Whiskey Rebellion had Section Three been in the Constitution when those rebellions occurred. Yale Law Professor Jed Rubenfeld has written wisely that all constitutional clauses are written with a paradigmatic wrong that is… [read post]
4 Dec 2023, 6:58 pm
First, the government and the Wall Street Journal are trying to persuade the Supreme Court to decide this case extremely narrowly after very publicly calling into question the ownership by private homeowners and stockholders of the unrealized gains on their assets thus limiting the ability of owners to borrow against those gains. This is completely unfair because word that this case was pending in the Supreme Court caused those assets to be less highly valued than would otherwise be… [read post]
7 Oct 2023, 3:28 pm
[Why the third, fourth, and fifth GOP debates ought to happen.] There have been two Republican presidential primary debates so far, and I think we have learned a lot from them. But, the Trump-dominated Republican National Committee is thinking of canceling the third debate, and I think that would be a huge mistake! Things are only now just getting going! I think the debates thus far reveal that Nikki Haley is the most articulate, principled, and charismatic candidate in the… [read post]
26 Jun 2024, 8:47 pm
[Justice Barrett's majority opinion reaches the right outcome; Justice Alito's dissent publicizes the atrocious mistreatment of facebook by the Biden Administration during Covid.] I agree with Will Baude's and Jonathan Adler's posts earlier today that Justice Barrett's excellent majority opinion throwing out the plaintiff's case for lack of standing reaches the right outcome. The plaintiff's had to prove an actual injury, not one that was hypothetical or… [read post]
31 Dec 2023, 5:48 am
[Donald Trump is obviously not disqualified from seeking re-election under Section 3 of the 14th Amendment] The Colorado Supreme Court and Maine's Secretary of State have both declared that former President Donald Trump is disqualified from being on Republican primary ballots in 2024 because of his role in the events, which led to the January 6, 2021 riot at the Capitol Building when the electoral votes from the 2020 presidential election were being counted. This is a hard question,… [read post]
11 Oct 2023, 5:09 pm
[Moore v. United States: The big tax case before SCOTUS this year.] In Moore v. United States, the Supreme Court will decide this year whether the Ninth Circuit was right in upholding as constitutional taxes on unrealized capital gains and wealth taxes. Ed Meese, Gary Lawson, and I have written an amicus brief filed by Philip Williamson urging the Supreme Court to overrule the Ninth Circuit on both points. Our brief presents the original public meaning of the Sixteenth Amendment… [read post]
2 Jul 2010, 1:29 pm
To discuss the case, we have Northwestern University School of Law Professor Steven G. Calabresi. [read post]
13 Jul 2010, 8:50 pm
Dix Professor of Law Steven G. Calabresi. [read post]
6 Dec 2022, 6:46 am
(Steven G. [read post]
29 May 2025, 6:00 am
Biskupic, CNN) President Trump Made History Last Week on the Supreme Court’s Shadow Docket (Steven [read post]
21 Mar 2015, 5:44 pm
” (Steven Calabresi & Stephanie Dotson Zimdahl, The Supreme Court and Foreign Sources of Law [read post]
7 Oct 2009, 10:21 pm
and constitutional law professors are participating: Peter Strauss (Columbia), Hal Bruff (Colorado), Steven [read post]
18 Aug 2015, 9:15 pm
Steven Calabresi of Northwestern. [read post]
5 Apr 2025, 1:35 pm
[They violate the major questions doctrine set forth by the Roberts Court and must be stopped by a nationwide injunction.] I have agreed with President Trump on most policy questions, and I defended him ardently against the despicable campaign of lawfare waged against him by former President Biden and by the Left more generally. I greatly admire the President and believe strongly that the President has the power to remove all federal officers and employees who do not either work for Congress or for… [read post]
17 Jun 2024, 3:35 pm
[An originalist analysis ] David Schizer, the former Dean of the Columbia University School of Law, and I have just today posted a manuscript on SSRN at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4867878 It will be published in the Florida Law Review (2025). We argue that the Direct Taxes Clause applies to taxes that fall straight upon a person, while imposts, duties and excises all fall only upon such transactions as: importing goods, buying or selling goods, inheriting an estate or… [read post]
23 Apr 2024, 11:53 am
[Holding that Jack Smith lacks defendant's standing lets the Supreme Court avoid the frought question of presidential immunity for criminal actions ] I argued in a blog post on Sunday, April 21st that Special Counsel Jack Smith lacked defendant standing to defend the U.S. government's victory in the D.C. Circuit, in the case of Trump v. United States. I pointed out that all nine justices, themselves, must ask the lawyers who argue both sides of Trump v. United States whether Jack Smith… [read post]
3 Dec 2023, 5:30 pm
A key issue in Moore v. United States is whether income has to be realized to be taxable. An amicus brief in the case was filed by Professors of linguistics who did a 1913 search of the use of the words "income" and "derived" from the Sixteenth Amendment and found that overwhelmingly Americans thought income has to be realized to be taxable. The online dictionary of etymology concurs as follows: Online Etymological Dictionary: income (n.) 1300,… [read post]
