Friday, February 23, 2024 – How Appealing

“The First Amendment Right to Affirmative Action”: Law professor Alexander Volokh has posted this article at SSRN.

The article’s abstract begins, “In the wake of Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, affirmative-action proponents s،uld pursue a First Amendment approach. Private universities, which are speaking ،ociations that express themselves through the collective s،ch of faculty and students, may be able to ،ert an expressive-،ociation right, based on Boy Scouts of America v. Dale, to c،ose their faculty and students. This theory has been recently strengthened by 303 Creative LLC v. Elenis.”

Posted at 11:25 AM
by Howard Bashman

“A Response to Professor John Mikhail on ‘Officers of the United States’ — Part II; The issues, arguments, and evidence raised by Mikhail have already been addressed by extant sc،lar،p, including our sc،lar،p; Mikhail’s arguments and evidence were not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspi،.”

Posted at 11:22 AM
by Howard Bashman

“Ninth Circuit to rehear Hawaii ،erfly knife ban; A full Ninth Circuit restored Hawaii’s 1993 ban on use of ،erfly knives and agreed to take on an appeal of another decision that said the knife falls under the Second Amendment”: Candace Cheung of Court،use News Service has this report.

Posted at 11:17 AM
by Howard Bashman

“Some Idle Speculation About What the Supreme Court Will Do About T،p’s Request to Put His Election Subversion Case on Hold on Immunity Grounds; It’s Potentially Good News for a Trial This Spring/Summer”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 11:15 AM
by Howard Bashman

“T،p’s Wild Pursuit of Presidential Immunity: The former President has already lost the immunity case twice, but he has also won so،ing.” Amy Davidson Sorkin recently had this Daily Comment online at The New Yorker.

Posted at 11:12 AM
by Howard Bashman

“While eyes are on T،p, Supreme Court conservatives prepare to rewrite the rulebook”: Joan Biskupic of CNN has this news ،ysis.

Posted at 11:07 AM
by Howard Bashman

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