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12 Jul 2022, 6:30 am by Guest Blogger
As Sot Barber, Stephen Macedo, and Jim Fleming argue, “positive constitutionalism is neither new nor inconsistent with American traditions” and properly moves from thinking not only about “negative liberties” but also about positive ends. [read post]
16 Jun 2022, 6:13 am by Ryan Goodman
Chesebro describes in detail the Hawaii 1960 case in Kennedy-Nixon, in which democrats met to issue a declaration during the state’s recount (which Kennedy ultimately won). [read post]
18 May 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
For example, many people believe that Justice Anthony Kennedy stepped down and gave President Trump the chance to fill the vacancy on the strong hope (which Justice Kennedy may have expressed in conversations with the President) that Kennedy’s former clerk, Brett Kavanaugh, be the one to fill the seat.Such apostolic succession at the U.S. [read post]
3 May 2022, 6:30 am by Guest Blogger
Breyer’s experience as General Counsel of the Senate Judiciary Committee, under Ted Kennedy, was important in understanding his overall jurisprudence. [read post]
25 Apr 2022, 4:41 am by Emma Snell
Signup to receive the Early Edition in your inbox here. [read post]
15 Apr 2022, 5:51 am
 Happy Passover, Good Friday and Easter. [read post]
14 Mar 2022, 8:15 am by Jeffrey A. Rosen
 Justices Anthony Kennedy and Stephen Breyer explained their skepticism at a 2013 House hearing, and Justice Elena Kagan — alongside Alito at the 2019 House hearing —  did likewise. [read post]
7 Feb 2022, 4:00 am by Sherry F. Colb
ColbAfter Justice Stephen Breyer announced his planned retirement as Associate Justice on the U.S. [read post]
3 Feb 2022, 6:24 pm by Jonathan H. Adler
Circuit is among the jurists identified as a potential replacement for Justice Stephen Breyer on the Supreme Court. [read post]
31 Jan 2022, 10:47 am by Will Baude
George, McCormick Professor of Jurisprudence, Princeton University Gail Heriot, Professor of Law, University of San Diego Randall Kennedy, Michael R. [read post]
27 Jan 2022, 4:35 pm by Mark Walsh
Good morning,” President Bill Clinton said on April 6, 1994. [read post]
26 Jan 2022, 11:11 am by Amy Howe
With Justice Stephen Breyer expected to retire at the end of this term, California Supreme Court Justice Leondra Kruger is one of the frontrunners to succeed him. [read post]
26 Jan 2022, 9:46 am by Amy Howe
ShareJustice Stephen Breyer, a devoted pragmatist and the senior member of the Supreme Court’s liberal wing, will retire from the court at the end of the 2021-22 term, NBC News reported on Wednesday. [read post]
16 Jan 2022, 8:58 am by Suzanna Sherry
Under California law, thieves of personal property cannot pass good title to anyone, even purchasers in good faith – and thus ownership of the painting was never validly transferred from the Cassirer family. [read post]
9 Dec 2021, 7:53 am by Kevin Kaufman
  Using a slightly different methodology, economists Mary Amiti, Stephen J. [read post]