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13 Nov 2019, 5:02 am by Eugene Volokh
It is the complaint that invokes the powers of the court, states the causes of action, and prays for relief. [read post]
12 Nov 2019, 6:30 am by Guest Blogger
  As David points out very early, the Court recognized and embraced implied powers fourteen years earlier, in United States v. [read post]
31 Oct 2019, 8:13 am by Charlotte Butash
As the case was winding its way through the lower courts, Truman’s lawyer, Holmes Baldridge, argued for limited judicial oversight and expansive presidential power (ultimately unsuccessfully). [read post]
18 Oct 2019, 6:30 am by Sandy Levinson
They included the House Un-American Activities Committee and other McCarthyite organizations (including some within the Executive Branch); as well as the white men on the Alabama jury in New York Times v. [read post]
13 Oct 2019, 10:05 am by JB
Oliver Wendell Holmes once remarked that the epigraph on his tombstone should read, "Here lies the supple tool of power. [read post]
7 Oct 2019, 8:16 am by Christine Corcos
It is no stretch to say that Justice Oliver Wendell Holmes created the modern First Amendment a hundred years ago in his dissent in Schenck v. [read post]
7 Oct 2019, 8:16 am
It is no stretch to say that Justice Oliver Wendell Holmes created the modern First Amendment a hundred years ago in his dissent in Schenck v. [read post]
21 Aug 2019, 7:30 am by Eugene Volokh
An excerpt from yesterday's very long Tenth Circuit panel opinion in Baca v. [read post]