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Term limits aren’t enough. Expand the Supreme Court. 08/06/2024

Steven Lubet, "Term Limits Aren’t Enough. Expand the Supreme Court.," The Hill (Aug. 5, 2024).

Term limits aren’t enough. Expand the Supreme Court. There is no telling how much damage the current Supreme Court majority could do in the years it would take for term limits to become effective.

Want fewer abortions? Vote for Harris. 08/02/2024

Andrew Koppelman, "Want fewer abortions? Vote for Harris.," The Hill (July 31, 2024).

Want fewer abortions? Vote for Harris. As a strategy for reducing the number of abortions, the half-century-long project of overruling Roe v. Wade has ended in failure.

Federal judges are mirroring the Supreme Court on financial disclosures 07/23/2024

Steven Lubet, "Federal Judges Are Mirroring the Supreme Court on Financial Disclosures," The Hill (July 22, 2024).

Federal judges are mirroring the Supreme Court on financial disclosures There must be something about life tenure that makes it nearly impossible for federal judges to take responsibility for faults in their financial disclosures.

Zachary D. Clopton and David A. Dana: Climate change should get its day in court 07/18/2024

Zachary D. Clopton & David A. Dana, "Zachary D. Clopton and David A. Dana: Climate Change Should Get Its Day in Court," Chicago Tribune (July 16, 2024).

Zachary D. Clopton and David A. Dana: Climate change should get its day in court Oil companies want their cases to be governed by federal law because they think it will give them a better result.

Trump v. U.S.: Has the Supreme Court Made the Presidency More Dangerous? 07/11/2024

David J. Scheffer, "Trump v. U.S.: Has the Supreme Court Made the Presidency More Dangerous?," Council on Foreign Relations (July 10, 2024).

Trump v. U.S.: Has the Supreme Court Made the Presidency More Dangerous? The high court’s decision could allow future U.S. presidents to commit grave abuses of power with impunity, with serious implications for U.S. foreign policy and national security.

07/10/2024

Paul Gowder, "High Court Murthy Case Accepts Social Media Companies’ Autonomy," Bloomberg Law (July 9, 2024).

www.bloomberglaw.com

A long-game strategy to fix our broken Supreme Court 07/10/2024

Steven Lubet, "A Long-Game Strategy to Fix Our Broken Supreme Court," The Hill (July 8, 2024).

A long-game strategy to fix our broken Supreme Court Republicans excelled at the long game, finally succeeding in a decades-long campaign to take full control of the Supreme Court.

07/02/2024

Deborah Tuerkheimer, "Supreme Court Abortion Punt Adds Chaos for Providers and Patients," Bloomberg Law (July 1, 2024).

www.bloomberglaw.com

What’s Left of Originalism? On Jack M. Balkin’s “Memory and Authority” | Los Angeles Review of Books 07/01/2024

Andrew Koppelman, "What’s Left of Originalism?," review of Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation, Los Angeles Review of Books (June 28, 2024).

What’s Left of Originalism? On Jack M. Balkin’s “Memory and Authority” | Los Angeles Review of Books Andrew Koppelman critiques Jack Balkin’s ”Memory and Authority.”...

FTC’s crackdown on noncompete clauses will help your doctor and your health 06/25/2024

Steven Lubet, "FTC’s Crackdown on Noncompete Clauses Will Help Your Doctor and Your Health," The Hill (June 24, 2024).

FTC’s crackdown on noncompete clauses will help your doctor and your health The Federal Trade Commission’s new rule prohibiting noncompete provisions in employment contracts, which takes effect on Sept. 4, will free millions of workers to seek better jobs for higher …

Legal English bridges law and language for foreign-educated LL.M. students 06/25/2024

Joshua Alter, "Legal English Bridges Law and Language for Foreign-Educated LL.M. Students," International Jurist (June 21, 2024).

Legal English bridges law and language for foreign-educated LL.M. students If you are applying to LL.M. programs in the U.S., you may have come across the phrase “legal English.” And for good reason as language is a crucial component of U.S. legal education. I still remember buying Black’s Law Dictionary and looking up words in 2010 during my own 1L, sometimes strug

Was Clarence Thomas Fooling Us Then or Now? 06/18/2024

Steven Lubet, "Was Clarence Thomas Fooling Us Then or Now?," Daily Beast (June 12, 2024).

Was Clarence Thomas Fooling Us Then or Now? The Supreme Court justice is talking out of both sides of his mouth when it comes to reporting lavish gifts from his conservative billionaire pals.

The Democratized University – John O. McGinnis 06/13/2024

John O. McGinnis, "The Democratized University," Law & Liberty (June 13, 2024).

The Democratized University – John O. McGinnis The soft despotism of democratic ideology is corrupting higher ed. To push back, universities should rediscover their older, less-than-democratic ideals.

Justice Alito knows which side he’s on 06/12/2024

Andrew Koppelman, "Justice Alito Knows Which Side He’s On," The Hill (June 12, 2024).

Justice Alito knows which side he’s on Faced with the contending sides, Alito is exquisitely sensitive to any slight to members of his tribe — while major, life-changing injuries to those on the other side have zero weight.

A Climate of Fear Comes for Scholarship 06/11/2024

Andrew Koppelman, "A Climate of Fear Comes for Scholarship," Chronicle of Higher Education, (June 11, 2024).

A Climate of Fear Comes for Scholarship Intimidation at Columbia and Harvard is an ominous sign of things to come.

The Supreme Court is broken. More justices can fix it. 06/11/2024

Steven Lubet, "The Supreme Court Is Broken. More Justices Can Fix It.," The Hill (June 10, 2024).

The Supreme Court is broken. More justices can fix it. Alito has demonstrated that the Supreme Court’s recusal process is broken beyond repair, and it may take a radical personnel change to address it.

The student exchange experience from participant to LL.M. graduate 06/04/2024

Joshua Alter, "The Student Exchange Experience from Participant to LL.M. Graduate," International Jurist (May 31, 2024).

The student exchange experience from participant to LL.M. graduate This article completes the three-part series on law student exchanges. The first article focused on the benefits of inbound and outbound exchanges for J.D. students and foreign-educated LL.B. students. The second article focused on exchanges that assist with LL.M. mobility. As the 2023-24 academic

Opinion | Against the Politicization of Sociology 06/04/2024

Steven Lubet, "Against the Politicization of Sociology," Chronicle of Higher Education (May 30, 2024).

Opinion | Against the Politicization of Sociology A recent resolution on the war in Gaza reads like advocacy. That’s inappropriate.

Louisiana wants the Ten Commandments in schools but which version? 05/29/2024

Steven Lubet, "Louisiana Wants the Ten Commandments in Schools but Which Version?," The Hill (May 27, 2024).

Louisiana wants the Ten Commandments in schools but which version? Posting the Ten Commandments is an essentially religious act — not only because it favors religion over non-religion, but also because it invariably favors one faith tradition over others.

Stephanie Kollmann: Illinois legislators should create a statewide system for public defense 05/21/2024

Stephanie Kollmann, "Stephanie Kollmann: Illinois Legislators Should Create a Statewide System for Public Defense," Chicago Tribune (May 17, 2024).

Stephanie Kollmann: Illinois legislators should create a statewide system for public defense Conditions in Illinois courts have resulted in people being denied their rights. A new bill would create a better public defense system.

Unpacking the absurd and unethical boycott of Columbia graduates 05/15/2024

Steven Lubet, "Unpacking the Absurd and Unethical Boycott of Columbia Graduates," The Hill (May 13, 2024).

Unpacking the absurd and unethical boycott of Columbia graduates The boycott, including undergraduates and law students, is irrational, self-defeating and unethical — with no redeeming features.

Should Democratic Governments Use Deepfakes? 05/10/2024

Daniel Byman, Daniel Linna & V. S. Subrahmanian, "Should Democratic Governments Use Deepfakes?," Lawfare (May 9, 2024).

Should Democratic Governments Use Deepfakes? Governments should weigh the risks of diminishing their credibility when deciding when, if ever, to use deepfakes.

The Post-Chevron Separation of Powers – John O. McGinnis 05/10/2024

John O. McGinnis, "The Post-Chevron Separation of Powers," Law & Liberty (May 8, 2024).

The Post-Chevron Separation of Powers – John O. McGinnis Eliminating Chevron may hasten our return to a division of power that helps guarantee liberty.

Writers attacking Pen America over Israel are burning down their own house 05/07/2024

Steven Lubet, "Writers Attacking Pen America Over Israel Are Burning Down Their Own House," The Hill (May 6, 2024).

Writers attacking Pen America over Israel are burning down their own house To the writers who would flatten Pen America for the offense of insufficient demonization of Israel: Where will you find a champion, should the zeitgeist turn ‘round on you?

Opinion | Israel Divestment Is a Legal Risk for College Trustees 05/07/2024

Max M. Schanzenbach, "Israel Divestment Is a Legal Risk for College Trustees," Wall Street Journal (May 5, 2024).

Opinion | Israel Divestment Is a Legal Risk for College Trustees If they give in to protesters’ demands, they’re likely violating fiduciary duty and exposing themselves to personal liability.

Opinion: Reversal in Harvey Weinstein case isn’t the demise of s*x crimes prosecution | CNN 05/02/2024

Deborah Tuerkheimer, "Opinion: Reversal in Harvey Weinstein Case Isn’t the Demise of S*x Crimes Prosecution," CNN (May 1, 2024).

Opinion: Reversal in Harvey Weinstein case isn’t the demise of s*x crimes prosecution | CNN Law professor Deborah Tuerkheimer says she was not shocked by the reversal in Harvey Weinstein’s case nor does she view it as the demise of s*x crimes prosecution.

On abortion, the Supreme Court shows it doesn’t care about democracy after all 04/30/2024

Andrew Koppelman, "On Abortion, the Supreme Court Shows It Doesn’t Care About Democracy After All," The Hill (Apr. 29, 2024).

On abortion, the Supreme Court shows it doesn’t care about democracy after all The Supreme Court is so hostile to abortions that, to prevent them, it will defy the national legislature and harm women.

Free antisemitic speech is still antisemitic and indefensible 04/27/2024

Steven Lubet, "Free Antisemitic Speech Is Still Antisemitic and Indefensible," The Hill (Apr. 22, 2024).

Free antisemitic speech is still antisemitic and indefensible One of only two Muslim women in the U.S. Congress, Rep. Ilhan Omar (D-Minn.) has always been a vehemently outspoken critic of Israel. She explained her recent vote against the Israel Secu…

Don’t buy Trump’s baseless motion for a new hush money judge 04/09/2024

Steven Lubet, "Don’t Buy Trump’s Baseless Motion for a New Hush Money Judge," The Hill (Apr. 8, 2024).

Don’t buy Trump’s baseless motion for a new hush money judge I have seldom seen a case weaker than this one, and I have discouraged lawyers from filing recusal motions in more compelling circumstances.

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