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Legal Blog

It was the Czech writer Milan Kundera who said: “The struggle of man against power is the struggle of memory against forgetting.” His fellow writer Liu Xiaobo, who died this summer under police guard while serving an 11-year prison sentence, made a profoundly important and...

I live in Cook County, IL—one of the worst governed jurisdictions in the United States. To close a budget deficit it has passed a law imposing a tax of one penny an ounce on drinks that added either sugar or artificial sweeteners. This law resembles...

The petition of the day is: New York v. Environmental Protection Agency 17-418 Issues: (1) Whether the Environmental Protection Agency’s Water Transfers Rule conflicts with the plain meaning of the Clear Water Act by concluding that a water transfer’s introduction of pollutants to a navigable water body is...

Originalism is a two-way street. Judges wishing to interpret the Constitution in accordance with its original public meaning must not import into their decisions policy proscriptions not actually derived from the text and structure of that document. Just as important is that textualism and originalism...