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13 Aug 2021, 6:30 am by Guest Blogger
” But, he admonishes, Article III’s distinctive reference to “Controversies” does require adverse parties—in other words, when, in cataloguing the potential scope of federal court subject matter jurisdiction, Article III refers to “Cases” and “Controversies” separately, that is for good reason. [read post]
15 Dec 2018, 10:50 am by Samuel Bray
The answer depends, I think, on background understandings of Article III and the judicial power. [read post]
9 Oct 2014, 11:41 am by Steven Calabresi
[Earlier contributions to this symposium came from: John Neiman, Dale Carpenter, Robin Wilson, Bill Eskridge,  Scott Michelman, Neil Siegel, and Suzanne Goldberg.] [read post]
18 Oct 2010, 8:24 am by John Elwood
(John Elwood) I’m confident that this is only a partial list of cases the Court has relisted. [read post]
6 May 2008, 10:16 am
In a series of posts (Part I, Part II and Part III), I’ve sketched out how the trend toward increasing detachment in L&E scholarship might reduce the influence of the L&E movement at the retail level and become its ultimate undoing. [read post]
1 Nov 2015, 11:31 pm by familoo
What does this even mean ‘in the real world’? [read post]
7 Jan 2015, 5:14 am
These were posted a little bit ago, but I recently noticed that the inimitable John Harrison has two interesting new articles up on SSRN, on topics that will probably be of interest to fed courts geeks. [read post]
23 Jul 2019, 5:02 am by John Harrison
The Whig understanding of execution fits into the three-part division of government power found in the first sentences of Articles I, II, and III. [read post]
22 Apr 2011, 2:46 pm by Josh Wright
John Maynard Keynes is quoted as saying “When the facts change, I change my mind. [read post]
15 Jun 2017, 5:30 am by Hannah Meakin and Catherine Blake
The Bank of England (BoE) has published a speech by Sarah John, Head of the BoE’s Sterling Markets Division. [read post]
11 Jul 2022, 4:06 am by SHG
But there is one possible solution that does not require collective action. [read post]
5 Feb 2010, 6:02 am by Russell Jackson
Jan. 21, 2010), Magistrate Judge John Rich III suggests that they do, although he clearly seems to stretch Maine law in order to find a cause of action for a bad factual situation. [read post]
28 Oct 2022, 4:00 am by Michael C. Dorf
Madison held unconstitutional a portion of Section 13 of the Judiciary Act of 1789, which was written by Oliver Ellsworth--who was a key player at the Constitutional Convention and apparently approved of the portion of Article III with which John Marshall held Section 13 inconsistent. [read post]