federalism

Does a criminal defendant have a right to confront lab chemists?

Lyle Denniston reports on the oral argument in Melendez-Diaz v. Massachusetts : [Justice Kennedy] foresaw ”a very substantial burden” on the prosecution and on the courts, and told counsel advocating for confrontation that he wa…

The federal "partial birth" abortion ban is upheld.

Scotusblog reports: Dividing 5-4, the Supreme Court on Wednesday gave a sweeping -- and only barely qualified -- victory to the federal government and to other opponents of abortion, upholding the 2003 law that banned what are of…

"Is Islam Compatible with Democracy?"

Last week, I mentioned that my colleague Asifa Quraishi was giving a talk on Monday called "A Reconsideration of Presumptions: Is Islam Compatible with Democracy?" So, what's the answer? Here it is in Professor Qur…

At the Rehnquist conference.

I'm back from Milwaukee. I got there on time, despite some bad traffic and the fact that the ramp listed on my Mapquest instructions was closed and I didn't have street map in the car. Travel tip : don't do that. Her…

Good federalism?

States respond to the Supreme Court's eminent domain case , which left them a lot of leeway in seizing private property, by limiting the power of eminent domain as a matter of state law: The reaction from the states was swift…

Let Oregon be Oregon?

Here's Linda Greenhouse's analysis of the Oregon assisted suicide case, which the Supreme Court announced yesterday it would hear. (The Ninth Circuit case to be reviewed was decided back in May, and I wrote about it at t…

Federalism and the assisted suicide case.

I'm glad to see that the Supreme Court has taken cert in the assisted suicide case: The Oregon law was intended to help adults with incurable diseases who are likely to die in six months. They can obtain lethal drugs from th…

If the cost is the same, does flavored or unflavored matter?

It matters a lot to some people when the state hands out free condoms : Providing [flavored] condoms actually promotes sexual activity, said Julaine Appling, executive director of the Family Research Institute of Wisconsin. The g…

The medical marijuana oral argument.

The first report looks good for the federal government on this, as Justice Souter seems dubious about the plaintiffs' argument: Backers of California's law seem to think "everybody is going to get it from a friend o…

The last week of law school, and an old law school doodle.

It's the last full week of the semester here at the law school. Consequently, I feel a lot of pressure to get through the material--none of the usual expanding into areas that stimulate good discussion. It's time to be cr…

The marijuana case: a great test of law and politics.

Tomorrow the Supreme Court hears oral argument in Raich v. Ashcroft, the medical marijuana case , which sets the federal government's interest in comprehensive regulation of the marijuana market against the state's inter…

Inside Seton Hall.

I'm here in Newark for the American Society of Law, Medicine & Ethics Annual Health Law Teachers Conference (as mentioned here ). It's at Seton Hall University School of Law which has a beautiful modern building with…

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