Constitutional Law Prof Blogtag:typepad.com,2003:weblog-17318182013-05-20T20:57:00-07:00A Member of the Law Professor Blogs NetworkTypePadConstitutionalLawProfBloghttp://feedburner.google.comMarcia Coyle on the Roberts Courttag:typepad.com,2003:post-6a00d8341bfae553ef01901c668b70970b2013-05-20T20:57:00-07:002013-05-20T21:47:44-07:00Marcia Coyle, Chief Washington Correspondent for the National Law Journal, was kind enough to talk with me last week about her new book, The Roberts Court: The Struggle for the Constitution. The book tells the full stories (including the fascinating...constitutional lawbloggerThird Circuit Invalidates President Obama's NLRB Recess Appointmenttag:typepad.com,2003:post-6a00d8341bfae553ef01901c6685fc970b2013-05-20T20:54:00-07:002013-05-20T21:24:25-07:00A divided three-judge panel of the Third Circuit last week invalidated President Obama's recess appointment of Craig Becker as a member of the National Labor Relations Board. The ruling, National Labor Relations Board v. New Vista Nursing and Rehabilitation, marks...constitutional lawbloggerAP CEO Gary Pruitt Explains Why Justice Probe Violates First Amendmenttag:typepad.com,2003:post-6a00d8341bfae553ef0192aa1bc149970d2013-05-19T20:22:21-07:002013-05-19T20:22:21-07:00Associated Press CEO (and former First Amendment lawyer for McClatchy newspapers) Gary Pruitt gave his first television interview today to Bob Schieffer on Face the Nation and blasted the Justice Department seizure of AP phone records as violating the First...constitutional lawbloggerTsesis on the History of the Declaration of Independencetag:typepad.com,2003:post-6a00d8341bfae553ef017eeb41d342970d2013-05-16T21:18:10-07:002013-05-16T21:18:10-07:00Prof. Alex Tsesis (Loyola Chicago) joined me on Thursday for a talk on his book For Liberty and Equality: The Life and Times of the Declaration of Independence (Oxford 2012). This was a terrific read; I highly recommend it. But...constitutional lawbloggerSenate Judiciary Approves Srinivasan for D.C. Circuittag:typepad.com,2003:post-6a00d8341bfae553ef0191023a2095970c2013-05-16T20:19:12-07:002013-05-16T20:19:12-07:00The Senate Judiciary Committee today unanimously approved Deputy Solicitor General Sri Srinivasan for a slot on the D.C. Circuit. WaPo reports here. We previously posted here, with links to backgrounds and profiles. SDSconstitutional lawbloggerFederal Complaint for Unconstitutional Sex Assignment Surgery on Infanttag:typepad.com,2003:post-6a00d8341bfae553ef0191023517e6970c2013-05-16T07:27:24-07:002013-05-16T07:27:24-07:00The surgical "assignment" of sex/gender to an infant born with "ambiguous" genitals is a problem that has garnered much attention. The Constitutional Court of Colombia issued a series of opinions beginning in 1995, analyzed in a 2004 law review article...constitutional lawbloggerThe New Yorker, Anonymity, and Confidential Sourcestag:typepad.com,2003:post-6a00d8341bfae553ef01901c3909ef970b2013-05-15T16:57:41-07:002013-05-16T06:32:20-07:00What if the reporters' confidential sources were unknown even to the reporter? Might this solve the problems that the Court struggled with more than 40 years ago in Branzburg v. Hayes? The New Yorker has introduced a technological attempt to...constitutional lawbloggerForce-Feeding at Guantanamotag:typepad.com,2003:post-6a00d8341bfae553ef01901c34db06970b2013-05-15T10:04:17-07:002013-05-15T10:04:17-07:00The ACLU and 19 other organizations sent a letter this week to Secretary of Defense Chuck Hagel opposing the military's force-feeding hunger-striking detainees at Guantanamo Bay. According to the ACLU, 29 detainees are currently being force-fed. We previously posted on...constitutional lawbloggerDaily Read: First Amendment Institutions by Paul Horwitztag:typepad.com,2003:post-6a00d8341bfae553ef0191022b3edf970c2013-05-15T09:25:30-07:002013-05-15T09:25:30-07:00ConLawProf Paul Horwitz's new book, First Amendment Institutions seeks to develop the conversation about reorienting First Amendment doctrine towards institutionalism. Most ConLawProfs would agree that First Amendment doctrine suffers from incoherence, but fewer may agree that institutionalism is the solution,...constitutional lawbloggerCourt Says Plaintiff Can Bring State Suit for Illegal Sale of His Cartag:typepad.com,2003:post-6a00d8341bfae553ef019102177811970c2013-05-13T09:48:19-07:002013-05-13T09:48:19-07:00The Supreme Court ruled today in Dan's City Used Cars, Inc. v. Pelkey that federal law does not preempt a plaintiff's state law claim against a towing company for the illegal sale of his car. The ruling affirms the New...constitutional lawbloggerDivided Sixth Circuit Panel Upholds Michigan's Public Act 53 Regulating Public School Union Dues Collectiontag:typepad.com,2003:post-6a00d8341bfae553ef017eeafd8f3c970d2013-05-09T13:04:45-07:002013-05-09T13:02:49-07:00A Sixth Circuit panel today upheld the constitutionality of Michigan's Public Act 53 in its opinion in Bailey v. Callaghan. Michigan’s Public Act 53, enacted in 2012, governs public school employee union dues. It provides: A public school employer’s use...constitutional lawbloggerDaily Read: Larry Catá Backer on Chinese Constitutionalismtag:typepad.com,2003:post-6a00d8341bfae553ef01901bfdb865970b2013-05-09T09:06:01-07:002013-05-09T09:07:17-07:00What is Chinese constitutionalism? Larry Catá Backer's new article, Towards a Robust Theory of the Chinese Constitutional State: Between Formalism and Legitimacy in Jiang Shigong’s Constitutionalism, available on ssrn, not only provides answers to that query, but develops the topic...constitutional lawbloggerD.C. Circuit Strikes NLRB Notice-of-Rights Ruletag:typepad.com,2003:post-6a00d8341bfae553ef019101e6d460970c2013-05-08T12:13:57-07:002013-05-08T12:13:57-07:00A three-judge panel of the D.C. Circuit struck the enforcement mechanisms for the NLRB rule requiring employers to post a notice of employee rights. The ruling yesterday in National Association of Manufacturers v. NLRB means that the NLRB rule is...constitutional lawbloggerLouisiana Supreme Court Strikes State School Voucher Programtag:typepad.com,2003:post-6a00d8341bfae553ef019101e191e9970c2013-05-07T21:06:05-07:002013-05-07T21:06:05-07:00The Louisiana Supreme Court today ruled that the state's school voucher program violates the state constitution. In particular, the court ruled that the voucher program tapped the constitutionally protected per pupil state fund for public education and that the legislature...constitutional lawbloggerRosen Named CEO of National Constitution Centertag:typepad.com,2003:post-6a00d8341bfae553ef019101d891fc970c2013-05-06T15:49:37-07:002013-05-06T15:49:37-07:00The National Constitution Center has named Con Law Prof Jeffrey Rosen (GW) as its new president and CEO. Rosen succeeds David Eisner, who stepped down in October 2012. Here's more, from the Philadelphia Inquirer. SDSconstitutional lawbloggerDaily Read: New Book "The Price of Justice" Discusses the Caperton Casetag:typepad.com,2003:post-6a00d8341bfae553ef019101d87b4e970c2013-05-06T15:43:40-07:002013-05-06T15:43:40-07:00The 2009 sharply divided Supreme Court opinion in Caperton v. Massey Coal is the centerpiece of the new book, The Price of Justice: A True Story of Greed and Corruption by Laurence Leamer. Recall that the Court in Caperton ruled...constitutional lawbloggerNew York's Highest Court on the Constitutionality of Force-Feeding Hunger Striking Prisonerstag:typepad.com,2003:post-6a00d8341bfae553ef019101c5a454970c2013-05-03T17:45:10-07:002013-05-03T17:45:10-07:00The hunger strike amongst prisoners at Guantanamo Bay has led to force-feeding, a situation prompting the Office of the High Commissioner for Human Rights at the UN to issue a statement reiterating the disapproval of Guantanamo and remind the United...constitutional lawbloggerDaily Read: Congressional Research Service on Obama's Federal Court Nomineestag:typepad.com,2003:post-6a00d8341bfae553ef019101c575f5970c2013-05-03T16:41:00-07:002013-05-03T16:41:00-07:00The general perception that Congress has been recalcitrant regarding President Obama's nominees to the federal bench can be tested against the Congressional Research Service report, President Obama’s First-Term U.S. Circuit and District Court Nominations: An Analysis and Comparison with Presidents...constitutional lawbloggerKansas Outlaws Federal Gun Lawstag:typepad.com,2003:post-6a00d8341bfae553ef017eeacb2cdc970d2013-05-03T10:00:29-07:002013-05-03T10:00:29-07:00Kansas thumbed its nose at the federal government and its current and future gun laws recently in SB 102, the Second Amendment Protection Act, which declares federal gun laws unenforceable in the state. In particular, SB 102 says that the...constitutional lawbloggerDaily Read: Retired Justice O'Connor on Bush v. Goretag:typepad.com,2003:post-6a00d8341bfae553ef017eeaafa1de970d2013-04-29T17:40:58-07:002013-04-29T17:41:44-07:00Speaking to the Chicago Tribune editorial board, retired Justice Sandra Day O'Connor reportedly stated that the Court took the case of Bush v. Gore "and decided it at a time when it was still a big election issue. Maybe the...constitutional lawblogger