Search for: "Kurt Lash"
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27 Jun 2007, 9:41 am
Kurt Lash, A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review (2008). [read post]
5 Jul 2007, 7:12 am
Kurt Lash, A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review (2008). [read post]
13 Dec 2010, 1:43 pm
For more on the handling of the Necessary & Proper Clause in this case, I recommend these posts outlining the views of Jason Mazzone, Kurt Lash, and Randy Barnett. [read post]
16 Feb 2012, 12:20 pm
Passenger Kurt Haskell, a lawyer who has advanced a conspiracy theory since the day of the attack and upset no one would pay attention to it, today said "Umar was given an intentionally defective bomb by a U.S. agent… to stage a false terrorist attack to be used to implement various government policies. [read post]
22 Mar 2010, 5:05 pm
This is so whether one agrees with Randy Barnett’s view of the Ninth Amendment (as an enforceable guarantee of natural rights) or with Kurt Lash’s (as a rule that enumerated powers should be narrowly construed so as not to violate natural rights, including the right of self-government in the states). [read post]
4 Oct 2010, 1:07 pm
The brief signers include VC co-conspirators Jonathan Adler, David Kopel, and Todd Zywicki, along with other well-known constitutional law scholars such as James Ely (Vanderbilt), Kurt Lash (University of Illinois), Gary Lawson (BU), Steven Presser (Northwestern), and others. [read post]
8 Feb 2024, 11:37 am
" She alluded to Kurt Lash's important research. [read post]
29 Dec 2023, 4:32 am
*In a New York Times op-ed, Kurt Lash provides a pretty good explanation of the legal arguments involved. [read post]
16 Aug 2011, 10:07 pm
” Similarly, in Morrison the Supreme Court considered a stockpile of congressional findings attesting to the link between domestic violence and medical costs frequently borne by third parties.I discussed this issue in more detail in the amicus brief (pp. 10–13) I wrote in the case on behalf of the Washington Legal Foundation and a group of constitutional law scholars (including co-bloggers Jonathan Adler and Todd Zywicki, and recent guest blogger Kurt Lash). [read post]
8 Feb 2023, 8:16 pm
" Joel Tiffany, A Treatise on the Unconstitutionality of American Slavery (1849), reprinted in 2 The Reconstruction Amendments: The Essential Documents 237, 237–38 (Kurt T. [read post]
26 May 2011, 5:30 am
” - Kurt. [read post]
21 Dec 2023, 2:04 pm
" I explained why this argument (previously advanced by Kurt Lash) is fallacious here: This argument ignores the possibility than an insurrectionist former president could still potentially hold other offices, such as being a member of Congress or serving as a member of the cabinet… In addition, there was no reason to think that electors would necessarily abjure supporting former insurrectionists for the presidency. [read post]
9 Feb 2024, 11:37 am
" Seth Barrett Tillman and I are the primary proponents of the former argument, and Kurt Lash is the primary proponent of the latter argument. [read post]
18 Nov 2023, 4:28 am
Researching whether the persons responsible for Section Three of the Fourteenth Amendment thought the president was an officer of the United States is a bit like researching whether George Washington had five fingers on his right hand. [read post]
30 Sep 2010, 6:49 pm
Jefferson Powell from Duke Georgetown Robert Thompson from Vanderbilt Georgia Andrea Dennis from Kentucky Gonzaga Jason Gillmer from Texas Wesleyan Scott Burnham from Montana Harvard Grainne de Burca from Fordham Annette Gordon-Reed from New York Law SchoolIllinois Kurt Lash from Loyola LA Lesley Wexler from Florida State IIT - Chicago Kent Edward Lee from Ohio State Indiana - Indianapolis Carlton Waterhouse from Florida International John Marshall - Chicago Anthony… [read post]
6 Nov 2009, 7:10 am
Heller), Kurt Lash, and David Gans, and will address the case's potential impact on the privileges and immunities clauses. [read post]
20 Apr 2021, 4:44 pm
Additional Resources: Eric Foner, The Second Founding: How the Civil War and Reconstruction Remade the Constitution (2020) Michael Klarman, From Jim Crow to Civil Rights: The Supreme Court and Struggle for Racial Equality (2004) Kurt Lash, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship (2015) Gerard Magliocca, America’s Founding Son: John Bingham and the Invention of the Fourteenth Amendment (2016) [read post]
15 May 2023, 5:01 am
For example, conspirator Randy Barnett has argued the former while Professor Kurt Lash, has, in good faith, argued otherwise. [read post]
14 Dec 2022, 7:46 am
Kurt Lash—fail to make a convincing case that the meaning of the Bill of Rights changed in1868. [read post]
13 Aug 2011, 12:06 am
To anticipate the main results of this discussion, over the next several weeks I will argue: [1] that the second N&P clause is particularly important for understanding the basic structural design of the Constitution; [2] that this provision was meant to declare and incorporate directly into the Constitution the doctrine of implied powers that Wilson had defended in his 1785 essay on the Bank of North America; [3] that Wilson’s bank essay was also the likely source of the critical language… [read post]
