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17 Apr 2017, 6:00 am by Guest Blogger
  But Klarman does a masterful job of demonstrating precisely how improbable the task confronting the Philadelphia delegates was when they assembled in 1787. [read post]
16 Apr 2017, 6:00 am by Guest Blogger
  Anti-Federalist Nathan Dane told New York Anti-Federalist Melancton Smith that none of Smith’s amendments were worth secession, shortly before Smith switched over to allow New York ratification, and Dane’s assessment seems fair.Washington and Madison, however, supported those amendments that might better bolster the fundamental rights for which the Revolution had been fought, as long as they did not impede the creation of a strong new national… [read post]
13 Apr 2017, 8:12 am by Ronald Collins
* * * In 2002, after my wife and I had sufficiently recovered from Bush v. [read post]
12 Apr 2017, 7:49 am by Randy Barnett
As Smith and Segall and others have argued, if a judge believes that the original meaning of a constitutional term is best understood at a high level of generality, then the constraint principle does little constraining. [read post]
7 Apr 2017, 11:46 am
”This argument does not give the evidence its due. [read post]
6 Apr 2017, 8:00 am by Orin Kerr
Smith, 904 F.2d 112, 116–17 (1st Cir.1990) (quoting Amen, 831 F.2d at 378) (emphasis supplied). [read post]
5 Apr 2017, 11:54 pm by Jeff Nowak
So Far As an initial matter, courts have quickly shut the door on employees seeking FMLA protection to care for their siblings: Smith v. [read post]
3 Apr 2017, 3:32 am by Peter Mahler
Let’s say John Smith, a citizen of Connecticut, along with Jane Doe, a citizen of New Jersey, are co-members of Generic LLC, a New York limited liability company. [read post]
1 Apr 2017, 4:48 pm by INFORRM
While he may be right to say it can happen (wrongfully), there’s no evidence it happens frequently as claimed; and it can and should be challenged firmly where it does occur. [read post]