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Two cheers – but not three – for Roberts and Barrett

Two cheers – but not three – for Roberts and Barrett

Chief Justice John Roberts and Justice Amy Coney Barrett deserve high praise for the pivotal role they played at the end of the just-concluded term in two key cases.One is Trump v. Barbara, the monumental decision confirming that the equal protection clause of the...

Simons on Consent

Simons on Consent

Ken Simons has posted to SSRN A New Framework for Understanding Consent in Tort Law. The abstract provides:Intentional torts such as battery, assault, and false imprisonment identify wrongful conduct that violates a person’s rights by intentionally and...

Sid DeLong on Weaponizing Article II (Part I)

Sid DeLong on Weaponizing Article II (Part I)

Weaponizing Article 2 in the Classroom and the CourtroomPart ISidney W. DeLong How can a system of law, a system of ideas whose hypothesis it is that rules are constant, adapt itself to a changing world?  It has not been the ordered development of the jurist...