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Sen. Hatch References His JLPP Article

HATCH’S OPENING STATEMENT AT THE SOTOMAYOR CONFIRMATION HEARING WASHINGTON – Sen. Orrin Hatch (R-Utah) delivered an opening statement today at the Senate Judiciary Committee’s confirmation hearing for...

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The Founders and Patent Law

Patent law, traditionally thought by many to be a dull area of the law, has grabbed the legal spotlight recently. The recent patent infringement lawsuit between Apple and Samsung garnered daily...

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Protecting Property Left by the Homeless on the Sidewalk

Does the Constitution protect the property of homeless people who leave such property in public areas while they perform tasks such as eating and showering? The answer is yes, according to the Ninth...

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Jones, Redux

The Supreme Court’s decision in United States v. Jones, rendered last January, proved anticlimactic for those followers of technology and the Fourth Amendment jurisprudence expecting an embrace or...

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Texas v. Holder and the Propriety of Voter ID Legislation

In Texas v. Holder, the federal district court in Washington unanimously struck down a Texas voter ID law (henceforth “SB 14″) requiring that prospective voters present photo IDs before casting their...

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A First Amendment Victory: Allowing Political Parties to Endorse Judicial...

In a victory for free speech in political campaigns earlier this week, the Ninth Circuit in Sanders County Republican Central Committee v. Bullock enjoined Montana from enforcing a Montana statute that...

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Supreme Court Poised to Reduce American Involvement in Foreign Human Rights...

Does a Founding-Era statute enable foreigners to sue other foreigners in federal court for conduct that took place overseas? That was the question facing the Supreme Court yesterday when it opened its...

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Rehnquist and the Role of Proper Reasoning in Arriving at Results

John Jenkins’ recent biography of the late Chief Justice William Rehnquist has engendered anger from the right and even embarrassment from some on the left. The biography is titled The Partisan, but...

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The Election’s Effect on the Judiciary

Although the presidential candidates rarely discussed it, much ink has been spilled in recent months over the effect that the presidential election would have on the Supreme Court. Although often...

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In Defense of Dictionaries

Law professors James Brudney and Lawrence Baum have a new study out on Supreme Court justices’ use of dictionaries in deciding cases. Perhaps not surprisingly to court watchers, they note that the...

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The Religion of Procedure

Though it may seem at odds with my intense patriotism, I spent the Columbus Day weekend in Paris, but—rest assured—my mind never strays too far from our topic on the Roundtable. On the flight back, I...

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Seven Score and 10 Years Ago…

Here at the Roundtable, we attempt to hew closely to our mission of presenting conservative and libertarian musings on the intersection of law and policy, but there are certain days of reflection that...

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David Rivkin & Lee Casey on the Recess Appointments Case

In this morning’s Wall Street Journal, David B. Rivkin, Jr., and Lee A. Casey preview Noel Canning v. NLRB, a case to be heard in the Supreme Court this month concerning three appointments made by...

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Student Note Preview: Political Question Doctrine in Zivotofsky v. Clinton

Carol Szurkowski provides a preview of her student note in the current issue (Volume 37, Issue 1) of the Harvard Journal of Law and Public Policy:   In 2012, the Supreme Court decided Zivotofsky ex...

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