Tag Archives: Unconstitutional

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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The Unconstitutional #Tampon Tax

My Pace colleague Emily Gold Waldman and I have a new draft article, The Unconstitutional Tampon Tax, forthcoming in the Richmond Law Review.  Here is the abstract: Thirty-six states impose a sales tax on menstrual hygiene products, while products like … Continue reading

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Court Rules Quebec Plan for Mandated ISP Blocking of Online Gambling Sites is Unconstitutional

The Quebec Superior Court has ruled that the provincial rules creating a mandated ISP blocking system for unlicensed online gambling sites is unconstitutional. The provincial government introduced the rules in 2015, which create a list of unlicensed sites that ISPs … Continue reading

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[Eugene Volokh] First Circuit Holds Most Anti-Libel Injunctions Are Unconstitutional

The Supreme Court has held that false, defamatory statements are generally constitutionally unprotected against civil damages liability, and even against prosecutions for criminal libel. (Sometimes the plaintiff or the prosecutor may have to show that the defendant knew the statements … Continue reading

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Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)

By guest blogger Jeff Kosseff [Jeff Kosseff is an assistant professor of cybersecurity law at the U.S. Naval Academy. The views in this post are only his, and do not represent the Naval Academy, Department of Navy, or Department of … Continue reading

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