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7 Jan 2020, 8:00 am
My Georgetown Law colleague John Mikhail has posted Fixing Implied Constitutional Powers in the Founding Era, revision and extension of his Balkinization symposium review of Jonathan Gienapp’s The Second Creation, which is forthcoming in Constitutional Commentary 34 (2020): 507-516:The Second Creation by Jonathan Gienapp is a marvelous study of the earliest debates over constitutional language, meaning, and interpretation. [read post]
30 Jan 2025, 9:30 pm
See also his paper with my Georgetown Law colleague John Mikhail (The Other Madison Problem) and Professor Mikhail’s The Necessary and Proper Clauses and The Original Federalist Theory of Implied Powers, the latter of which would bring you up to speed quickly. [read post]
23 Nov 2023, 6:30 am
Chief Justice John Marshall’s 1832 opinion had dismissed state power over Indian Country. [read post]
14 Aug 2020, 12:19 pm
So, predictably, conservative legal academics Josh Blackman, James Phillips, and John Yoo have responded by asserting that neither the President nor Congress have the power to take such measures. [read post]
2 Apr 2024, 7:28 am
According to the complaint, without the relief sought, the firm faces severe penalties and lacks the opportunity for pre-enforcement judicial review, leaving them with the dilemma of complying with an unconstitutional demand or risking their business's future (John Doe Corporation v. [read post]
28 Nov 2013, 2:00 am
SunEdison was selected through a public bidding process to design, construct, install and operate a solar power facility with the potential to generate up to 10 MW of power on 47 acres of property leased from New York City. [read post]
6 Apr 2018, 6:00 am
He authored several highly influential books, including A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union. [read post]
30 Aug 2017, 9:30 am
They are created by the state and operate to establish limits on its power. [read post]
13 Nov 2024, 9:30 pm
Sir John Baker KC (Hon), LLD, FBA, Emeritus Downing Professor of the Laws of England at the University of Cambridge will deliver the inaugural Lord Judge Memorial Lecture in Legal History, entitled “The Royal Prerogative and the Judges” in Middle Temple Hall on Wednesday 20 November.Prof. [read post]
31 Dec 1969, 4:00 pm
Increasingly desperate to keep its failing coal and nuclear plants afloat, FirstEnergy just asked the U.S. [read post]
12 Feb 2012, 4:48 pm
John McCain. [read post]
27 Jul 2020, 4:17 am
Davie commented that Tennessee’s Revised LLC Act “allows an operating agreement to provide that someone lacks both the right and the power to withdraw” and “it is not entirely unheard of to have a provision of an LLC act that denies members the power to dissociate. [read post]
6 Dec 2010, 2:44 pm
John S. [read post]
4 Sep 2012, 12:39 am
Specifically, she revealed that Chief Justice John G. [read post]
4 Mar 2008, 12:47 pm
Continental Breakfast. 9:00-10:15 First Set of PanelsFirst Panel: Justice Beyond Law, Panel Chair Bettina Carbonell, John Jay College of Criminal Justice (Room 636)Dianna George, Carleton University, Canada, "Bear Experience: the power of ursus major in Cree life"Brian Lockey, St. [read post]
24 Jan 2016, 9:30 pm
We conclude next Monday with an essay on the Symposium’s closing remarks delivered by Adrian Vermeule, the John H. [read post]
29 Jun 2023, 3:35 am
Chief Justice John Roberts demolished the ISL theory as a barrier to judicial review. [read post]
16 Sep 2014, 2:51 pm
However, if you’re planning on filing a lawsuit, it’s usually just as easy to file a “John Doe” suit and then use a regular subpoena to get the name of the infringer. [read post]
24 Feb 2010, 7:14 am
Removal and appointment of an individual to the position of Election Commissioner by a county legislatureMatter of Wood v County of Cortland, 23 Misc 3d 913The general rule is that the power to appoint implies the power to remove. [read post]
26 Feb 2009, 4:11 am
The Wood case demonstrates an exception to this rule: The power to appoint does not support a claim of the power to remove an incumbent when removal from the position in question is provided for by statute.William J. [read post]
