Prof. Michael McConnell: ‘A flawed restraining of a flawed order’; The Letter and the Spirit: The Judicial Duty of Good-Faith Constitutional Construction; Statutory damages in copyright law: “On forgetting how to read a statute”; The 9th Circuit and the ‘evidence gap’; Thoughts on the appellate court ruling against Trump’s immigration order;
 
The Volokh Conspiracy
 
 
Prof. Michael McConnell: ‘A flawed restraining of a flawed order’
A thoughtful and interesting analysis, from one of the nation's top conservative constitutional scholars.
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The Letter and the Spirit: The Judicial Duty of Good-Faith Constitutional Construction
What should an originalist judge do when original meaning isn't enough to decide the case?
Statutory damages in copyright law: “On forgetting how to read a statute”
My colleague Sam Bray highly recommends Tomas Gomez-Arostegui's "What History Teaches Us About U.S. Copyright Law and Statutory Damages"
The 9th Circuit and the ‘evidence gap’
The court insisted -- quite properly -- that the government provide some justification for the specific actions it took in the executive order.
 
Thoughts on the appellate court ruling against Trump’s immigration order
It is only a preliminary ruling. But significant nonetheless.
 
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