Category Archives: law

What Went Wrong in Ferguson: a Lawyer’s Perspective

Something went wrong with the legal system in Ferguson. Most of the frustration does not seem to be directed at the grand jury itself; those 12 people had to make a tough call when confronted with a lot of conflicting … Continue reading

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Now What Happens with Same-Sex Marriage?

Every once in a while the Supreme Court does something that turns experts’ predictions completely upside down. It actually happened twice during the 2012 Obamacare case (first, when Justice Kennedy clearly indicated his intent to find Obamacare unconstitutional during oral … Continue reading

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How Same-Sex Marriage Overcomes the Originalism Argument

Because this is the era of LGBT constitutional rights, let’s talk about the arguments for and against finding a right to same-sex marriage in the 14th Amendment of the Constitution. We’ll kick things off with the originalism argument, which goes … Continue reading

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The LGBT Constitutional Rights Era

Supreme Court eras are often defined by a single issue. In the early 19th century, SCOTUS wrestled with the nature and balance of power of American government in cases like Marbury, McCulloch and Gibbons. In the 1850s, SCOTUS tried to … Continue reading

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Kennedy’s Schuette Decision is Really About Same-Sex Marriage

Yesterday, the Supreme Court upheld Michigan’s ban on the use of affirmative action in college admissions. Justice Kennedy wrote the opinion for a very divided Court. Kennedy’s opinion explained that the political process doctrine cases do not apply because those … Continue reading

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Is Same-Sex Marriage Unbeatable in Court?

“It’s over,” declare David S. Cohen and Dahlia Lithwick at Slate. Cohen and Lithwick have boldly claimed that same-sex marriage can no longer lose in courts. The Slate article points to eighteen cases involving same-sex issues that have been decided since SCOTUS’s … Continue reading

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The Supreme Court’s Michigan Affirmative Action Decision: Part II of our Coffee House Conversation

Picking up where we left off in Part I … LARRY:  What took you so long to get coffee? JOHN:   Some woman was holding up the line, trying to buy coffee for what appeared to be a group of four … Continue reading

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The Supreme Court’s Michigan Affirmative Action Decision Boiled Down to a Coffee House Conversation

I hope everyone had a great MLK Day this year. I like to imagine that in lieu of going to work on MLK Day, people all over the country spend an hour or so at a coffee shop, bar or … Continue reading

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A Dose of SCOTUS Holiday Cheer: Oral Argument Annotated—Part III

Tired of playing with all of your new toys already?! Well, we have just the thing–our third and final annotation of SCOTUS’s oral argument transcript on whether a town council can hold a prayer at the beginning of its meetings … Continue reading

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A Dose of SCOTUS Holiday Cheer: Oral Argument Annotated—Part II

In Dose 1 of our SCOTUS holiday cheer, we learned that “Greece” is not only a bankrupt country that is the bane of Germany’s existence, but also a small town in New York struggling with a big time problem. The … Continue reading

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