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Supreme Court of the United States
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Reconsidering the Insular Cases: The Past and Future of the American Empire (Gerald L. Neuman & Tomiko Brown-Nagin eds., Harvard Univ. Press 2015).
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Thurgood Marshall and Procedural Law: Lawyer’s Lawyer, Judge’s Judge
January 31, 2023
Randall L. Kennedy & Martha L. Minow, Thurgood Marshall and Procedural Law: Lawyer’s Lawyer, Judge’s Judge, 6 Harv. BlackLetter L.J. 95 (1989).
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Nancy Gertner & Lawrence H. Tribe, The Supreme Court isn’t well. The only hope for a cure is more justices., Wash. Po., Dec. 9, 2021.
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The Protean Take Care Clause
January 31, 2023
Jack L. Goldsmith & John F. Manning, The Protean Take Care Clause, 164 U. Pa. L. Rev. 1835 (2016).
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Cardozo
January 31, 2023
Andrew Kaufman, Cardozo, 34 Touro L. Rev. 7 (2018).
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Foreword
January 31, 2023
Richard J. Lazarus, Foreword to A Good Quarrel: America’s Top Reporters Share Stories from Inside the Supreme Court (Timothy R. Johnson & Jerry Goldman eds.,…
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Metacanons: Comparative Textualism
January 30, 2023
Intisar A. Rabb, Metacanons: Comparative Textualism (Harv. Pub. L. Working Paper No. 22-24, 2022).
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Safety, Health, and Union Access in Cedar Point Nursery
January 27, 2023
Benjamin I. Sachs, Safety, Health, and Union Access in Cedar Point Nursery, 2021 Supreme Ct. Rev. 99 (2022).
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Supreme Court Ruling Hampers Unions’ Political Speech
January 27, 2023
Benjamin Sachs, Supreme Court Ruling Hampers Unions’ Political Speech, Justice Watch (June 22, 2012).
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Jesse H. Chopper, Michael C. Dorf, Richard H. Fallon, Jr. et al., Leading Cases in Constitutional Law, A Compact Casebook for a Short Course (2022).
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Next, the justices aim to end democracy
January 26, 2023
Laurence H. Tribe & Dennis Aftergut, Next, the justices aim to end democracy, L.A. Times, July 6, 2022, at A11.
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Judicial branch, reassuringly sturdy; Five important rulings this week show that courts remain central to preserving order
January 26, 2023
Laurence H. Tribe & Dennis Aftergut, Judicial branch, reassuringly sturdy; Five important rulings this week show that courts remain central to preserving order, L.A. Times,…
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The Public Has a Right to Know Who Leaked the Dobbs Draft
January 26, 2023
Alan M. Dershowitz, The Public Has a Right to Know Who Leaked the Dobbs Draft, Wall St. J. (Oct. 30, 2022).
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Why I Joined Mike Lindell’s Legal Team
January 26, 2023
Alan M. Dershowitz, Why I Joined Mike Lindell’s Legal Team, Wall St. J. (Sept. 22, 2022).
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‘But Her Emails’? A Defense of ‘Whataboutism’
January 26, 2023
Alan M. Dershowitz, ‘But Her Emails’? A Defense of ‘Whataboutism’, Wall St. J. (Aug. 14, 2022).
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Harvard Needs Merit-Based Admissions
January 26, 2023
Alan M. Dershowitz, Harvard Needs Merit-Based Admissions, Wall St. J. (June 1, 2022).
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Court grapples with how to handle company’s lawsuit against union that went on strike
January 21, 2023
Sharon Block, Court grapples with how to handle company’s lawsuit against union that went on strike, SCOTUSblog (Jan. 11, 2023).
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Cement-truck drivers went on strike. A lawsuit by their company may pave the way for restricting workers’ rights
January 21, 2023
Sharon Block, Cement-truck drivers went on strike. A lawsuit by their company may pave the way for restricting workers’ rights., SCOTUSblog (Jan. 6, 2023).
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Reproductive Technologies and Embryo Destruction After Dobbs
January 21, 2023
I. Glenn Cohen, Reproductive Technologies and Embryo Destruction After Dobbs, in Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion…
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David Fontana & Donald Braman, Judicial Backlash or Just Backlash – Evidence from a National Experiment, 112 Colum. L. Rev. 731 (2012).
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Writing Supreme Court Histories
January 19, 2023
Mark Tushnet, Writing Supreme Court Histories, 1993 J. Sup. Ct. Hist. 11.
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The Cherokee Indians and the Supreme Court
January 17, 2023
Stephen Breyer, The Cherokee Indians and the Supreme Court, 25 J. Sup. Ct. Hist. 215 (2002).
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A Look Back at the Dred Scott Decision
January 17, 2023
Stephen G. Breyer, A Look Back at the Dred Scott Decision, 35 J. Sup. Ct. Hist. 110 (2010).
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Laura Weinrib, The Limits of Dissent: Reassessing the Legacy of the World War I Free Speech Cases, 44 J. Sup. Ct. Hist. 278 (2019).
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The Conservative Who Wants to Bring Down the Supreme Court
January 12, 2023
Jeannie Suk Gersen, The Conservative Who Wants to Bring Down the Supreme Court, New Yorker (Jan. 5, 2023).
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A Year of Dominance and Defiance at the Supreme Court
January 12, 2023
Jeannie Suk Gersen, A Year of Dominance and Defiance at the Supreme Court, New Yorker (Dec. 26, 2022).
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Civil Disobedience, State Action, and Lawmaking Outside the Courts: Robert Bell’s Encounter with American Law
January 11, 2023
Kenneth W. Mack, Civil Disobedience, State Action, and Lawmaking Outside the Courts: Robert Bell’s Encounter with American Law, 39 J. Sup. Ct. Hist. 347 (2014).
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Can President Trump Rewrite the Past?
January 10, 2023
Nikolas Bowie, Can President Trump Rewrite the Past?, Take Care (May 3, 2017).
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Nikolas Bowie, The Highest Court in Massachusetts Declares the Commonwealth a Sanctuary State, Take Care (Jul. 24, 2017).
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The Recyclable Sentences of the Deregulatory First Amendment
January 10, 2023
Nikolas Bowie, The Recyclable Sentences of the Deregulatory First Amendment, Take Care, (July 5, 2018).
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Takings, 1987 Jurisprudence of Takings, The
January 10, 2023
Frank I. Michelman, Takings, 1987, 88 Colum. L. Rev. 1600 (1988).
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The Impact of Justice Kennedy and the Effect of His Retirement
January 7, 2023
Caitlin McCarthy, John C. Cruden, John Elwood & Richard Lazarus, Dialogue: The Impact of Justice Kennedy and the Effect of His Retirement, 48 Env’t L.
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State Power to Govern Concerted Employee Activities
January 7, 2023
Frank I. Michelman, State Power to Govern Concerted Employee Activities, 74 Harv. L. Rev. 641 (1961).
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Supreme Court and Litigation Access Fees: The Right to Protect One’s Rights–Part II, The
January 7, 2023
Frank I. Michelman, Supreme Court and Litigation Access Fees: The Right to Protect One’s Rights–Part II, The , 1974 Duke L.J. 527 (1974).
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The Supreme Court and Litigation Access Fees: The Right to Protect One’s Rights-Part I
January 7, 2023
Frank I. Michelman, The Supreme Court and Litigation Access Fees: The Right to Protect One’s Rights-Part I, 1973 Duke L.J. 1153 (1973).
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Saving Old Glory: On Constitutional Iconography
January 7, 2023
Frank I. Michelman, Saving Old Glory: On Constitutional Iconography, 42 Stan. L. Rev. 1337 (1990).
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Mr. Justice Brennan: A Property Teacher’s Appreciation A Tribute to Justice William Brennan
January 7, 2023
Frank I. Michelman, Mr. Justice Brennan: A Property Teacher’s Appreciation, 15 Harv. C.R.-C.L. L. Rev. 296 (1980).
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Frank I. Michelman, Conceptions of Democracy in American Constitutional Argument: Voting Rights, 41 Fla. L. Rev. 443 (1989).
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Brief for 885 Law Professors in Support of Maintaining Adherence to the Roe Decision
January 7, 2023
Frank I. Michelman, Norman Redlich, Stephen R. Neuwirth & Denise Carty-Bennia, Brief for 885 Law Professors in Support of Maintaining Adherence to the Roe Decision,…
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On Ripeness and Constitutionality
January 6, 2023
Elena Chachko, On Ripeness and Constitutionality, 43 Mishpatim L.J. 419 (2012).
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Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law
January 6, 2023
Elena Chachko, Due Process is in the Details: U.S. Targeted Sanctions and International Human Rights Law, 113 Am. J. Int’l L. Unbound 157 (2019).
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Civil Rights Enforcement
January 6, 2023
Scott Michelman, Civil Rights Enforcement (2020).
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The Branch Best Qualified To Abolish Immunity
January 6, 2023
Scott Michelman, The Branch Best Qualified To Abolish Immunity, 93 Notre Dame L. Rev. 1999 (2018).
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Forum: What’s the Matter With the Supreme Court?
January 6, 2023
Michael Klarman, Nadine Strossen, Eli Noam, Sanford Levinson & Mark Tushnet, Forum: What’s the Matter With the Supreme Court?, The Nation (Sept. 5, 2018).
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The justices’ red herring
January 5, 2023
Robert J. Smith & Charles J. Ogletree, Jr., The justices’ red herring, Wash. Post., Mar. 8, 2015, at A17.
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Brief Amicus Curiae of the ACLU in support of respondent in the case of Van de Kamp v. Goldstein
December 31, 2022
Alexandra Natapoff, Brief Amicus Curiae of the ACLU in support of respondent in the case of Van de Kamp v. Goldstein, 129 S. Ct. 855…
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Political-Liberal Legitimacy and the Question of Judicial Restraint
December 21, 2022
Frank I. Michelman, Political-Liberal Legitimacy and the Question of Judicial Restraint (Jan. 1, 2019).