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2 Sep 2022, 2:26 pm
Ultimately President Grant would need three Acts of Congress and the 7th Calvary to crush them, but even with such overwhelming force it was too late to stop “Jim Crow” from taking root. [read post]
17 Aug 2022, 5:39 am
And that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he has obtruded them: thus paying off former crimes committed again the Liberties of one people, with crimes which he urges them to commit against the lives of another. [read post]
[David Kopel] Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen
9 Aug 2022, 9:19 am
After surveying recent scholarship, he wrote, "Perhaps, at some future date, this Court will have the opportunity to determine whether Justice Story was correct when he wrote that the right to bear arms 'has justly been considered, as the palladium of the liberties of a republic.'" The Court did so in the 2008 District of Columbia v. [read post]
8 Aug 2022, 9:01 pm
My insistence on equality trumps your claim to liberty, and so on. [read post]
2 Aug 2022, 6:30 am
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
31 Jul 2022, 5:53 am
., Jim Tankersley & Cecilia Kang, “Biden’s Antitrust Team Signals a Big Swing at Corporate Titans,” NY Times, Oct 21, 2021 (noting the Biden administration “has assembled the most aggressive antitrust team in decades” that could result in “blocking mergers and breaking up big companies”). [read post]
22 Jul 2022, 5:02 am
December 2020 and January 2021 saw two successive intrusions—SolarWinds and Microsoft Exchange—that were committed by nation-states and affected both public and private sectors. [read post]
20 Jul 2022, 5:01 am
" "Complete liberty of contradicting and disproving our opinion, is the very condition which justifies us in assuming its truth for purposes of action; and on no other terms can a being with human faculties have any rational assurance of being right. [read post]
19 Jul 2022, 7:18 am
Although we are all guaranteed the “equal protection of the laws,” what that means is highly contestable in the context of generations of slavery, Black Codes, Jim Crow, red-lining, and other formal, legal, and overt racially discriminatory policies used by whites against people of color.Of course, from the late 19th century to the mid-20th century, the Court allowed all-white universities to completely exclude people of color so there is no longstanding tradition in this… [read post]
12 Jul 2022, 6:30 am
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]
8 Jul 2022, 8:30 am
For example, if a tradition arose to protect slavery or Jim Crow, one cannot use the mere fact that it is a tradition to justify it. [read post]
8 Jul 2022, 5:01 am
Jim Dotson, described the legislation as a reaction to the BDS movement. [read post]
8 Jul 2022, 4:00 am
Jackson’s Women’s Health cited an amicus brief authored by Liberty Counsel in its ruling. [read post]
7 Jul 2022, 12:00 am
In fact, paramilitaries have long grounded their ideology and action in both law and notions of life, liberty, and property that are central to the American creed. [read post]
6 Jul 2022, 12:00 am
In fact, paramilitaries have long grounded their ideology and action in both law and notions of life, liberty, and property that are central to the American creed. [read post]
3 Jul 2022, 7:15 am
Constitution sought to secure the “blessings of liberty” for themselves and their posterity. [read post]
25 Jun 2022, 12:01 pm
Texas (2003), the reversal of numerous pre-New Deal cases protecting economic liberties and property rights, and the reversal of Baker v. [read post]
16 Jun 2022, 9:00 pm
During Jim Crow, lawyers seeking equalization of funding for racially segregated schools needed to reassure courts that they were not challenging separate-but-equal itself. [read post]
14 Jun 2022, 2:29 pm
History (Princeton, 2007) 2006: Philip Hamburger, Separation of Church and State (Harvard, 2002) Kermit Roosevelt, The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale, 2006) Elizabeth Price Foley, Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality (Yale, 2006) John Yoo, The Powers of War and Peace : The Constitution and [read post]
3 Jun 2022, 10:15 am
John Fabian WittOver at the New York Review of Books, Noah Feldman and Jim Oakes are carrying on a classic NYRB pitched battle over Oakes’s review of Feldman’s recent book The Broken Constitution. [read post]
