For the Balkinization symposium on Free Speech in Crisis and the Limits of the First Amendment. For the Balkinization symposium on Free Speech in Crisis and the Limits of
the First Amendment. [...]
The UK has just set out its new trade strategy, and one point in there is that it will be joining the MPIA: The WTO has an almost unique function to resolve trade disputes.
That trade dispute system is busier than ever but, since 2019, it has lacked an appellate function, limiting the ability to resolve the disputes brought before it. [...]
The war that has plagued Sudan since 15 April 2023 is accompanied by massive violations and abuses of international humanitarian law and international human rights law. Sudanese
returning to their homes in Khartoum, which was recaptured by the army in late March, often find graves and decomposing bodies. [...]
Because I believe the Surpeme Court reached the right result in Hewitt this morning when interpretting the reach of a sentencing provision in the First Step Act (basics here),
I suppose I should be content. But upon first read, I am struck and bothered by the fact that the Hewitt opinions are chock full of wordsmithing and say nothing about [...]
The Supreme Court this morning handed down a standing ruling in a capital case via Guitierrez v. Saenz, No. 23-7809 (S. Ct. June 26, 2025) (available here). The vote was 6-3,
and here are the particulars of the votes of the Justices: SOTOMAYOR, J., delivered the opinion of the Court, in which ROBERTS, C. [...]
The Supreme Court this morning handed down its final big sentencing opinion of the Term with Hewitt v. United States, No. 23-1002 (S. Ct. June 26, 2025) (available here). The
vote was 5-4, and here are the particulars of the votes of the Justices: JACKSON, J., delivered the opinion of the Court with respect to Parts I, II, and III, [...]
Framed by Marc Galanter's (Wisc.) canonical 2004 paper, The Vanishing Trial, a recent paper by Stefanie Lindquist (Wash U.) and Kirk Randazzo (South Carolina--poli sci), The
Vanishing Appeal?, may not surprise many. That said, it was not too long ago that appellate courts adopted a number of case management protocols in response to "burgeoning [...]
Co-editor Shirley Lin recommends a column by Slay Latham, Brooklyn Law School '23, Remembering history is an act of love, The Bay Area Reporter (June 2, 2025) "To be raised
in San Francisco as a queer person continues to be... [...]
