U.S. Supreme Court nominee Brett Kavanaugh’s Minnesota Law review article on the limits of presidential power is generating interest in advance of senate hearings. Some commentators argue it reflects views that are disqualifying. The article was adapted from remarks Judge Kavanaugh made at the University of Minnesota Law School on October 17, 2008—about two weeks…

Judicial Review of a Broken Funding Scheme On September 28, 2017, in William Penn School District v. Pennsylvania, the Pennsylvania Supreme Court decided it had the authority and duty to decide whether Pennsylvania’s school funding scheme is so broken it violates the Pennsylvania constitution. The case was first dismissed by the Commonwealth Court as posing…

Supreme Court Justices love to travel and who could blame them.   Justice Anthony Kennedy, whose retirement announcement was widely predicted but never came, will be teaching in Salzburg, Austria from July 2 through July 21, 2017, where he teaches a summer program for the McGeorge School of Law of the University of the Pacific….