Search for: "Barry Cushman"
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13 Sep 2012, 9:00 am
L Rev. 1 (1991); and Barry Cushman, Some Varieties and Vicissitudes of Lochnerism, 85 B. [read post]
25 Jun 2019, 6:30 am
FDR succeeded in that respect (even if Barry Cushman’s no-switch analysis of Justice Roberts is correct). [read post]
21 Jun 2013, 3:30 am
Barry Sample Mr. [read post]
1 Apr 2019, 9:14 am
Earlier work suggests the courts issued more than 1,600 injunctions against New Deal legislation, but a recent talk I heard by Professor Barry Cushman put that figure at more than twice that number. [read post]
29 Jan 2010, 6:28 am
in their interpretation of the Constitution, but I think they saw the writing on the wall, or perhaps Barry Cushman is right that later New Deal legislation was better-drafted to take constitutional objections into account.) [read post]
1 Oct 2022, 6:15 am
" -- Barry Cushman, John P. [read post]
20 May 2012, 2:05 pm
Indeed, we know from legal historian Barry Cushman that some New Deal justices privately considered and rejected adopting this approach in Wickard v. [read post]
16 Feb 2024, 6:30 am
The “Four Horsemen” label – as Mark Tushnet, Ted White, Barry Cushman, Laura Kalman, and other historians have observed – tends to obscure Van Devanter, James C. [read post]
12 Sep 2012, 12:04 pm
I should add that my position isn’t set in stone, and is subject to revision based on future scholarship–I’ve already changed my views from adopting Howard Gillman’s class legislation thesis to staking out a natural rights explanation to allowing some room within my thesis for judicial concerns over class legislation, under the influence of Barry Cushman. [read post]
23 Jan 2012, 8:53 am
See Barry Cushman, Rethinking the New Deal Court. [read post]
6 Jul 2012, 2:31 pm
The following contribution to our post-decision symposium on the health care cases is written by David B. [read post]
1 May 2012, 8:46 pm
Today I particpated in another debate over the constitutionality of the Affordable Care Act’s individual mandate. [read post]
12 Aug 2008, 2:00 pm
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