Tag law

The Federalist Papers: On Impeachment

Sanford Levinson— Federalist 65: The Senate’s Confirmation and Impeachment Powers One of the most important distinction between the Senate and House, with regard to their constitutionally granted powers, concerns the former’s unique role in confirming presidential appointments. It is utterly irrelevant, as a formal matter, what the House thinks about

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The Women Who Pioneered Media Privacy Laws

Jessica Lake— What would you do if you came across a video featuring your naked body on Facebook? On March 7th this year, Fox Sports reporter Erin Andrews won a claim for “invasion of privacy” against both a stalker and the Nashville Marriott hotel after the stalker, Michael David Barrett, secretly

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The Legality of Transgender Bathrooms

Kimberly A. Yuracko— Recently, and quite suddenly, bathroom access for transgender individuals has become the newest civil rights battleground. The Department of Justice (DOJ), The Department of Education (DOE) and the Equal Employment Opportunity Commission (EEOC) have interpreted the sex discrimination prohibitions of Title IX and Title VII as requiring

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The New Reality of Gun Laws in America

Firmin DeBrabander— It is no surprise that presumptive Republican presidential nominee Donald Trump sought the endorsement of the National Rifle Association last week, though he is only a recent fan of the gun lobby’s uncompromising positions. Not long ago, Trump voiced approval for many gun safety measures. Trump is nothing

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The Relationship between Law and Economics

Guido Calabresi— A century and a half ago John Stuart Mill said of English philosopher and political radical Jeremy Bentham, in effect, that he approached the world as a stranger. And, if the world did not fit his theory, utilitarianism, he dismissed what the world did as nonsense. Mill then said

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Why the Constitution Matters

Happy Constitution Day! In Why the Constitution Matters, Harvard Law professor Mark Tushnet poses a seemingly simple question and provides us with a thoroughly unexpected answer, forcing us to question our understanding of the Constitution. He broadens our understanding of the Constitution and shows us how this document structures our

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Why is William Ian Miller Losing It?

William Ian Miller is 65 years old. Yet, rather than trying to conceal his age—a practice that has grown commonplace in our age of cosmetic surgery—he has written a book about it. Losing It: In which an Aging Professor laments his shrinking Brain, new from Yale University Press this fall,

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