Tag Archives: Constitutional

Is the DTSA Ex Parte Seizure Provision Constitutional?

The Defend Trade Secrets Act (DTSA) has been law for 2 1/2 years. At this point, it’s pretty clear the DTSA ex parte seizure provision never belonged in the statute. Courts have ordered only a few ex parte seizures, and … Continue reading

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[Jim Lindgren] Proposed Constitutional Amendment Against Packing the Supreme Court

Ilya Somin raises the issue of packing the Supreme Court. To foreclose that possibility, I am proposing a constitutional amendment to prevent Congress from passing a statute to pack the US Supreme Court with more than nine members. If one … Continue reading

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Cushman on Economic Crisis & American Constitutional Law

Barry Cushman (Notre Dame Law School) has posted The Place of Economic Crisis in American Constitutional Law: The Great Depression As a Case Study (Forthcoming, Liberal Constitutions in Financial Crises, Tom Ginsburg, Mark Rosen, & Georg Vanberg, eds., Cambridge University Press, 2019)  … Continue reading

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Choudhry on Dixon & Landau on Unconstitutional Constitutional Amendment

Sujit Choudhry (Center for Constitutional Transitions) has posted Transnational Constitutionalism and a Limited Doctrine of Unconstitutional Constitutional Amendment: A Reply to Rosalind Dixon and David Landau (International Journal of Constitutional Law, vol. 15, no. 3, pp. 826-832, 2017) on SSRN.  Here is … Continue reading

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On the putative genius of (our) constitutional democracy

… [L]iberalism, constitutionalism, and democracy do not per se make good societies, although they are arguably necessary part of the structure of a good society. But it is also true that merely having the psychology for or a commitment to … Continue reading

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