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11 Aug 2022, 6:16 am
" That's at John's blog post "Motown songwriter Lamont Dozier has died. [read post]
11 Aug 2022, 2:00 am
” John correctly notes that “the primary foil for New Democracy” is a “wrongheaded triumvirate of ideas” that continues to obfuscate our understanding of the emergence of a modern American regulatory state in the 20th century: 1) the myth of a “weak” American state, 2) the myth of laissez-faire constitutionalism, and 3) the myth of Lochner and the New Deal State. [read post]
10 Aug 2022, 5:01 am
John Baker told the Senate Judiciary Committee last December, is the government’s “original sin, torture. [read post]
7 Aug 2022, 6:28 am
His execution did not experience the obvious problems that occurred in John Grant’s execution. [read post]
5 Aug 2022, 6:30 am
Mark also notes my continuing interest, perhaps obsession, with Federalist 2, where John Jay preposterously argues that Americans are alike in religious sensibilities. [read post]
2 Aug 2022, 12:10 pm
Conflating text and law also facilitates a type of literalist interpretation--indeed, opportunistic literalism--that defenders of textualism purport to reject. [read post]
22 Jul 2022, 7:46 pm
But graduate students, antirust specialists, and others who want to understand the complex and contingent dynamics that produced Novak’s story should read it alongside scholars like Charles McCurdy, Howard Gilman, Herbert Hovenkamp, Gerald Berk, Richard John, and Naomi Lamoreaux. [read post]
21 Jul 2022, 6:10 am
” Hutchinson also overheard an immediate follow-up to that conversation between Cipollone and Meadows during which Cipollone said: “They’re literally calling for the Vice President to be effing hung. [read post]
20 Jul 2022, 2:47 am
Text Copyright John L. [read post]
12 Jul 2022, 6:39 am
Text Copyright John L. [read post]
11 Jul 2022, 4:21 am
Text Copyright John L. [read post]
10 Jul 2022, 6:30 am
This was certainly true, for example, of previous “most important books of their generation” like Alexander Bickel’s The Least Dangerous Branch or John Hart Ely’s Democracy and Distrust, both written during Warren Court and its aftermath in what many called the Brennan Court. [read post]
7 Jul 2022, 5:32 am
The answer, it turns out, is that they routinely quote the epithets literally and precisely, without euphemisms or expurgation. [read post]
7 Jul 2022, 5:01 am
Chief Justice John Roberts wrote for the court, in an opinion that Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor joined. [read post]
6 Jul 2022, 7:02 am
Thus, in the majority’s view “substantial burden” was not to be read literally, but as a term of art: [U]nder RFRA, the government imposes a substantial burden on religion in two—and only two—circumstances: when the government “force[s individuals] to choose between following the tenets of their religion and receiving a governmental benefit” and when the government “coerce[s individuals] to act contrary to their religious beliefs by the… [read post]
5 Jul 2022, 9:01 pm
In today’s column, I criticize its reliance on the views of liberal scholars.In a single paragraph, Justice Alito cites John Hart Ely, Archibald Cox, Laurence Tribe, Mark Tushnet, Philip Bobbitt, and Akhil Amar for the proposition that the reasoning of Roe v. [read post]
4 Jul 2022, 5:26 am
It represented, as it were, a literal indictment of the Crown and Parliament, in the very same way that criminals are now publicly indicted for their alleged crimes by grand juries representing "the People. [read post]
30 Jun 2022, 11:15 am
All such policies literally expropriate people's bodies. [read post]
28 Jun 2022, 5:58 am
Army General John Abizaid during a 2006 hearing on Iraq. [read post]
28 Jun 2022, 4:01 am
Text Copyright John L. [read post]
