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17 Feb 2024, 6:30 am by Guest Blogger
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
30 May 2011, 10:15 am by Thomas Crocker
“ Justice Alito, in his majority opinion in Kentucky v. [read post]
20 Sep 2013, 2:20 pm
The Conan Doyle Estate also dispatches with what would seem to be contradictory case law, Silverman 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]
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]
8 Jan 2011, 8:59 am by Dwight Sullivan
Phil Cave’s blog notes this military.com story reporting that ACCA yesterday denied the petition for extraordinary relief arising from the United States v. [read post]
26 Feb 2019, 11:56 am by Gritsforbreakfast
I'm certainly glad this aspect is being highlighted, but Grits wishes the bill went farther.The ill-considered codification of Holmes v. [read post]
2 Jun 2014, 9:01 pm
But if Justice Holmes were correct, there would be a second option: the United States could enter into a non-self-executing treaty that simply promised (to attempt) to regulate family law in the United States &ldquo [read post]
25 Apr 2012, 1:47 pm by Hunton & Williams LLP
The case is Guyton v Tyson Foods, Inc., No. 3:07-cv-0088-JAJ, pending in the United States District Court for the Southern District of Iowa. [read post]
14 Aug 2022, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
9 Jun 2024, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
6 Mar 2014, 2:35 pm by Steven R. Morrison
 After all, as Justice Holmes said in Gitlow v. [read post]
24 Sep 2014, 1:04 am by Ben
Supreme Court to protect the copyright surrounding the author’s most famous character - Sherlock Holmes. [read post]