Supreme Court

Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory

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Dec 8th, 2022

Canvassing Deserts: When Obstacles to Reaching Urban Voters Become Voter Suppression

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Nov 2nd, 2022

As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory

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Oct 28th, 2022

Why We Need the Alien Tort Statute Clarification Act Now

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Oct 27th, 2022

On Indigenous Peoples’ Day, Reflections on Tribal Sovereignty in Haaland v. Brackeen

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Oct 10th, 2022

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform

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Aug 16th, 2022

Retrenchment of the Federal Right to Abortion: How Dobbs Threatens National Security

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Jul 26th, 2022

Greenhouse Gaslighting: Deceptive Moderation and West Virginia v. EPA

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Jul 5th, 2022

The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists

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Jun 30th, 2022

Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers

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Jun 30th, 2022

NSO v. WhatsApp: Should the Solicitor General Recommend Allowing Foreign Corporations to Claim Immunity?

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Jun 9th, 2022

Plyler’s Promise

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May 20th, 2022

Supreme Court Should Address Prior Restraints on Former Gov’t Employees

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May 19th, 2022

The Supreme Court Should Stop Individual States From Dictating National Immigration Policy

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Apr 25th, 2022

In US v. Husayn (Abu Zubaydah), the Supreme Court Calls Torture What It Is

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Mar 11th, 2022

80 Years After Executive Order 9066, the Supreme Court Still Shuts Its Eyes to Reality

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Feb 18th, 2022

Denezpi v. U.S.: Double Jeopardy, Dual Sovereignty, and Tribal Courts

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Feb 12th, 2022

Penobscot v. Frey: A Chance to Correct Course on Sovereignty Jurisprudence

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Feb 1st, 2022

Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss

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Dec 14th, 2021

Changing the Story: Artificial Intelligence and Patent Eligibility

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Oct 25th, 2021

Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns

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Oct 18th, 2021

Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?

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Aug 19th, 2021

What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process

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Jul 12th, 2021

Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions

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Jun 30th, 2021

The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality

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Jun 18th, 2021

State Secrets and the Torture of Abu Zubaydah

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Jun 16th, 2021

Folly at the Supreme Court: Choosing Between Competing Originalist Claims

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May 18th, 2021

Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison

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Apr 21st, 2021

We Do Need to Reform the Supreme Court

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Apr 8th, 2021

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

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Mar 3rd, 2021

We Don’t Need to Reform the Supreme Court

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Feb 12th, 2021

Authoritarian Populism, Courts and Democratic Erosion

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Feb 11th, 2021