“Sunshine’s Shadow: Overbroad Open Meetings Laws as Content-Based, Distinct from Campaign Finance Disclosure Laws, and Constitutionally Suspect”

Steven Mulroy has posted this draft on SSRN.  Here is the abstract: In this Article, Professor Mulroy discusses “strict” open meetings laws applicable in many states to local legislators — laws which restrict substantive discussion of government business even among … Continue reading

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Now Available: Hasen, Legislation, Statutory Interpretation, and Election Law: Examples and Explanations

[Bumping to the top for the start of classes.] [UPDATE: You can now order the book at Amazon, or electronically as a Kindle Book, or directly from the publisher.] I am happy to announce that you can now buy my … Continue reading

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“Bad Readers: The judges who ruled against Obamacare are following Scalia down a terrible path of interpretation.”

I have written this new Jurisprudence essay for Slate. It begins: Unless you are a lawyer or a glutton for punishment, you probably want to avoid reading the new D.C. Circuit and 4th Circuit opinions reaching conflicting results on the … Continue reading

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Justice Scalia Dissent in Aereo Case Says It is Lawyers’ Jobs to Exploit Statutory Loopholes, and Congress’s Job, Not the Court’s Job, To Fix Them

He writes: It is not the role of this Court to identify and plug loopholes. It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes. Congress can … Continue reading

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65 Ways to Improve Our Democracy

Today the Bipartisan Policy Center’s Commission on Political Reform rolled out its recommendations and report today on strengthening American democracy.   Academics are usually on the outside looking in for such processes, but I was lucky enough to serve as one … Continue reading

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“Governing in a Polarized America: A Bipartisan Blueprint to Strengthen our Democracy”

Release: The Bipartisan Policy Center launched the Commission on Political Reform in 2013 to investigate the causes and consequences of America’s partisan political divide and to advocate for specific reforms that will improve the political process and that will work … Continue reading

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“Academic highlight: Congressional overrides of Supreme Court decisions”

Amanda Frost writes at SCOTUSBlog about Christiansen and Eskridge, Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967–2011 (Texas Law Review). My earlier coverage is here; and I will be writing a response with Jim Buatti for the Texas Law Review … Continue reading

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As Predicted, Congressional Override of SCOTUS on Child Pornography Proceeds Full Speed Ahead

Back in April I explained why conditions were right, despite great political polarization, for Congress to override the Supreme Court’s statutory decision in Paroline v. US on the right of child pornography victims to obtain restitution. And very quickly now … Continue reading

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“Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967–2011″

Matthew Christiansen and Bill Eskridge have posted this draft on SSRN (forthcoming Texas Law Review).  Here is the abstract: In 1991, one of us published a groundbreaking study demonstrating that Congress frequently overrides Supreme Court statutory interpretation decisions. The intervening … Continue reading

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Re: From the Hobby Lobby oral argument: Should legislation passed by unanimous vote be invalidated or narrowly construed?

Will Baude’s Washington Post piece raises an interesting significance-of-the-legislative-process question. While Will (and the Court) frames the issue in constitutional terms, it has obvious statutory interpretation implications as well. Just a few things that popped out at me while reading … Continue reading

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