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VMI Update
Of the 1,500 cadets on the campus of the Virginia Military Institute (VMI) this fall, only 126 are women - - - a dozen years after the United States Supreme Court, in its landmark opinion United States v. Virginia, ordered...
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Holiday Travel?: Time to Catch Up on Some Constitutional "Listening"
When was the last time you listened to a reading of The United States Constitution? If you can't recall, and you are one of the 38.4 million people traveling by car in the US over the Thanksgiving holiday, perhaps your...
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Movement Grows to Undo Iqbal, (Re)Open Access to Federal Courts
lawprofessors.typepad.com — With the introduction last week of a bill in the House to overturn Ashcroft v. Iqbal and... Bell Atlantic Corp. v. Twombley, the movement among plaintiffs' and open-courts advocates to re-set the pleading standard in federal courts is gaining momentum.... (more) Movement Grows to Undo Iqbal, (Re)Open Access to Federal ...
Panel Debates Constitutional Right to Health Care in Prisons
The American Constitution Society (Chicago Lawyer Chapter and John Marshall Law School Student Chapter) and the ACLU hosted a panel discussion on health care in prisons last week titled Health Care Behind Bars: Are Inmates' Health Care Needs Being Met?...
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Former Detainees' Habeas Claims Moot
Former Guantanamo detainees cannot maintain their habeas claims against the U.S. government, Judge Richard Leon (D.D.C.) ruled in a set of opinions released today (all duplicates of the linked opinion). Judge Leon ruled the claims moot. Former detainees, all apparently...
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Epstein on Easterbrook's Incorporation Case
Richard Epstein (Chicago, Hoover Institution, and NYU) recently posted on SSRN a critique of Judge Easterbrook's decision in NRA v. City of Chicago, the Seventh Circuit case rejecting Second Amendment incorporation. (The case is now at the Supreme Court, captioned...
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Abortion and Health Care as Rights: Saturday Evening Review
The volatile link between abortion and heath care reform is being hotly debated. The Stupak Amendment to the proposed Affordable Health Care for America Act, which passed in the House of Representatives, provides that "no funds authorized or appropriated by...
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Is the "Pay Czar" Constitutional?
That's the question that Michael McConnell (Stanford, and formerly on the 10th Circuit) and Martin Flaherty (Woodrow Wilson School, Princeton) are debating on the Federalist Society On-Line Debate Series. McConnell wrote an op-edin the Wall Street Journal last month arguing...
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Seventh Circuit Rules on Gun Case
The Seventh Circuit, which spawned McDonald v. City of Chicago, the Second Amendment incorporation case now before the Supreme Court, ruled yesterday that the federal government failed to sufficiently justify its ban on firearms for domestic violence convicts under the...
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Same-sex marriage updates: New York and Texas
New York's highest court today (download here) affirmed the rejection of a taxpayer challenger to directives by executive and county officials that recognize out-of-state same-sex marriages for purposes of public employee health insurance coverage and other benefits. The case may...
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Sheldon Whitehouse Lecture in NYC
"Living Up To Our Constitution" is the title of a lecture to be given by United States Senator (D-RI) on Friday, November 20 at 5:30 pm, sponsored by the Brennan Center at NYU. As a member of the Senate Judiciary...
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Dred Scott & Harriet Scott Plaque next to Taney Statute
Justice Roger Taney, a Supreme Court Justice, lived in Frederick, Maryland and practiced law there. Thus, it is not surprising that the town of Frederick would have a monument to Taney. It is also not surprising that not everyone would...
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Latina: the Magazine and the Justice
On newstands today is the new issue of Latina, the magazine, with a cover portrait of Justice Sonia Sotomayor. Portions of the accompanying article, written by Sandra Guzman, a former Editor-in-Chief of Latina, are available on the magazine's website here....
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Googling Constitutional Law
Google's newest enhancement has the potential to change the way we research constitutional law. Here's an announcement from the "Official Google Blog" Starting today, we're enabling people everywhere to find and read full text legal opinions from U.S. federal and...
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Right to Bear Arms is a Privilege or Immunity, McDonald Argues
Petitioners in McDonald v. City of Chicago, the Second Amendment case now before the Supreme Court, filed their merits brief today and argued full force that the individual right to bear arms is protected against state interference by the Fourteenth...
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Privileges or Immunities Clause Pedgagogy: Robson's Saturday Evening Review
Teaching the Fourteenth Amendment’s Privileges or Immunities Clause in a Constitutional Law course has long been a challenging endeavor. For many years, the doctrine started and ended with The Slaughter-House Cases, 83 U.S. 36 (1872), in which a professor’s role...
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Taking Private Property for Private Abandonment?: An Update on Kelo
The "takings clause" of the Fifth Amendment provides "nor shall private property be taken for public use without just compensation.” Much of the constitutional controversy has revolved around "taking," especially when the "taking" is through regulation rather than physical appropriation....
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Government to Try Five Guantanamo Detainees in Federal Court
Attorney General Eric Holder announced today that the government will transfer ten Guantanamo detainees to the U.S. for trial. The government will try five Guantanamo detainees in the regular federal courts for their roles in the 9/11 attacks, and five...
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Cato, Barnett Weigh in on Extended Civil Commitment of "Sexually Dangerous" Persons
The Cato Institute and Professor Randy Barnett (Georgetown) filed an amicus brief in U.S. v. Comstock, the case involving Title III of the Adam Walsh Child Protection Act, 18 U.S.C. Sec. 4248, which authorizes the Attorney General to place in...
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Civil Rights in the Obama Era: Conference
The relationships between civil rights and constitutionalism will be explored this Friday, November 13, in a day long conference at Valparaiso University School of Law organized by Professor Penelope Andrews. Professor Frank I. Michelman, Harvard Law School, will kick-off the...
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