I’m reading through the Senate’s Report on the 1968 Omnibus Crime Act. One part of this law purported to set aside Miranda in federal criminal cases. (This was held invalid by the Court in 2000). Another portion imposed various gun
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JOTWELL: Erbsen on Francois and Hershkoff on Pennoyer as Con Law
The new Courts Law essay comes from Allan Erbsen (Minnesota) reviewing Aderson Bellegarde François & Helen Hershkoff, Pennoyer, Due Process, and the End of Reconstruction, __ N.Y.U. L. Rev. __ (forthcoming), which places Pennoyer in the jurisprudential and constitutional…
What Short Skirt?
I started listening to the oral argument in Frontiero v. Richardson. In those days, the argument audio picked up some of the chit-chat among the Justices on the bench. At the start, you can clearly hear someone (most likely Chief…
Universality will not die
The Sixth Circuit affirmed an injunction prohibiting Tennessee from enforcing a law prohibiting “recruiting” minors (i.e., providing truthful information about how) to obtain lawful abortions outside of Tennessee. The majority affirmed a universal injunction for two reasons–the law was overbroad…
The Functional Vice President
Here’s another way in which the “ceremonial civic space” has shrunk. The Vice-President used to be someone who did very little. He was therefore useful for presiding at formal events or (in the cliche) representing the United States at funerals.…
Judicature Writing Competition for Emerging Scholars
Complete information here. For those who graduated law school between 2023-2028. Sponsored by Judicature and the Bolch Judicial Institute.
An ERA Time Capsule
In October 1972, Birch Bayh published an article in the Notre Dame Law Review entitled “The Need For the Equal Rights Amendment.” Note the date. This was after the ERA was sent to the states for ratification but before Roe…
President Pro Tempore as Senate Head of State
A side note to my prior posts on the unitary executive. The Senate is our only institution that has a different ceremonial and functional head. The Majority Leader runs the Senate. But the President Pro Tempore is the leader who…
A Functional Head of State
I noted earlier this week that the American Constitution is an outlier in not separating the head of state from the head of government. If that’s a serious flaw, then how did we manage that problem for so long?
The…
Crim pro question, “Furious” edition
Folks should watch Furious (Hulu), a great show about a female FBI agent hunting a female serial killer targeting men who trafficked her. (I do not believe this involves spoilers).
The end-game (no spoilers, since this is not a mystery)…