Author: bakhtawar

The AP explains why it is capitalizing “black” but not “white” when referring to people’s “race.” There was clear desire and reason to capitalize Black. Most notably, people who are Black have strong historical and cultural commonalities, even if they are from different parts of the world and even if they now live in different parts of … Continue reading Do “People Who Are Black Have Strong Historical and Cultural Commonalities” Regardless of Where They are from and Where They Live? Continue Reading →

Last week, I blogged about a persnickety question that Supreme Court practitioners often litigate: when does a Supreme Court judgment become effect. In this post I will raise another curiosity of Supreme Court practice: the Justices use different language when a case is remanded to state court and federal court. Consider the language used this term … Continue reading Why does the Supreme Court use different language for remands to state court and federal court? Continue Reading →

Last week, I blogged about a persnickety question that Supreme Court practitioners often litigate: when does a Supreme Court judgment become effect. In this post I will raise another curiosity of Supreme Court practice: the Justices use different language when a case is remanded to state court and federal court. Consider the language used this term … Continue reading Why does the Supreme Court use different language for remands to state court and federal court? Continue Reading →

This year, professors will have to adapt their classes for distance learning. One helpful tip is to break down the doctrine into small, manageable bites. The buzzword is module, which is synonymous with unit or topic. To help professors, I have divided the corpus of constitutional law into separate modules. Each module will link to a … Continue reading 16 Modules for Constitutional Law II (Rights and Equal Protection) Continue Reading →

This year, professors will have to adapt their classes for distance learning. One helpful tip is to break down the doctrine into small, manageable bites. The buzzword is module, which is synonymous with unit or topic. To help professors, I have divided the corpus of constitutional law into separate modules. Each module will link to a … Continue reading 7 Modules for First Amendment (Speech and Religion) Continue Reading →

Via College Fix, the Rutgers English Department purports to challenge “the familiar dogma that writing instruction should limit emphasis on grammar/sentence-level issues so as to not put students from multilingual, non-standard ‘academic’ English backgrounds at a disadvantage.” So far so good. Helping students who struggle with standard English is exactly what an English Department that … Continue reading It’s Getting Harder and Harder to Distinguish Satire from Earnest Wokeness, II Continue Reading →

From today’s opinion in State v. Jorgenson, written by Justice David Lillehaug: On its face, Minnesota Statutes § 609.27, subd. 1(4) (2018), which prohibits any written or oral “threat to expose a secret or deformity, publish a defamatory statement, or otherwise to expose any person to disgrace or ridicule,” violates the First Amendment …. A communication … Continue reading Minnesota Supreme Court Strikes Down Blackmail Statute as Overbroad Continue Reading →

Yesterday, major US business associations, including the US Chamber of Commerce, the National Association of Manufacturers, and others, filed a lawsuit challenging President Trump’s suspension of nearly all employment visas for immigrants, until at least the end of this year. The complaint is available here. The case could result in a ruling with important implications for … Continue reading Chamber of Commerce and Other Employer Groups File Lawsuit Challenging Trump’s Employment Visa Ban Continue Reading →

Earlier this month, the Texas Supreme Court sharply divided over the bar exam. The majority agreed to offer an in-person exam in September, and an online exam in October. Only two Justices would have adopted a “diploma privilege.” (And one of those dissenters  announced his retirement). Now, the Louisiana Supreme Court has addressed this issue. The plan is a … Continue reading Louisiana Supreme Court Divides 4-3, Cancels In-Person Bar Exam, Forces Repeat Takers to Sit for Online Exam, Grants “Qualified” Candidates A Diploma Privilege (Updated) Continue Reading →

Earlier this month, the Texas Supreme Court sharply divided over the bar exam. The majority agreed to offer an in-person exam in September, and an online exam in October. Only two Justices would have adopted a “diploma privilege.” (And one of those dissenters  announced his retirement). Now, the Louisiana Supreme Court has addressed this issue. The plan is a … Continue reading Louisiana Supreme Court Divides 4-3, Cancels In-Person Bar Exam, Forces Repeat Takers to Sit for Online Exam, Grants “Qualified” Candidates A Diploma Privilege (Updated) Continue Reading →