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5 Mar 2018, 6:50 am by JB
Randy Barnett has argued that an originalist judge like Justice Scalia should not have taken certain positions in commerce clause cases, and so on. [read post]
5 Mar 2018, 6:50 am by JB
Randy Barnett has argued that an originalist judge like Justice Scalia should not have taken certain positions in commerce clause cases, and so on. [read post]
12 Feb 2018, 4:00 am by Josh Blackman
In the Barnett/Blackman constitutional law casebook, we included this introduction to United States v. [read post]
9 Feb 2018, 5:56 am by Jim Sedor
The matter has been referred to the to the Alameda County district attorney’s office. [read post]
23 Jan 2018, 10:53 am
The scope of the Amendment is a matter of constitutional law that is ultimately determined by the United States Supreme Court -- not by legislatures. [read post]
23 Jan 2018, 10:53 am
The scope of the Amendment is a matter of constitutional law that is ultimately determined by the United States Supreme Court -- not by legislatures. [read post]
19 Jan 2018, 9:47 am by James Innocent
Barnett’s big rig crashed into the driver’s side of Comer’s vehicle. [read post]
7 Jan 2018, 11:47 am by Larry
This time, the case landed on the desk of Judge Barnett who reached a different conclusion. [read post]
5 Jan 2018, 1:05 pm by Joel Barnett
At Waks and Barnett, P.A. our cruise ship lawyers are here to answer your questions and provide guidance on legal matters – accidents and the claims and lawsuits that stem from them. [read post]
22 Dec 2017, 2:29 pm by Eugene Volokh
See Barnette ("Symbolism is a primitive but effective way of communicating ideas. [read post]
22 Dec 2017, 10:55 am by Xavier Becerra and Aimee Feinberg
Myers, “government offices could not function if every employment decision became a constitutional matter. [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
 As a practical matter, of course, the industry could simply take the position that whatever the interest rate was at that time of [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
GETTING THE FACTS WRONG AB INITIO By way of first salvo, the Curious authors get the facts wrong about the case, and not exactly on a nontrivial matter. [read post]
15 Dec 2017, 10:32 am by Eugene Volokh
Barnette, 319 U.S. 624. 633, 642 ("[T]he action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control. [read post]
15 Dec 2017, 7:25 am by Ronald Collins
Barnette, and other cases dealing with claims by the Jehovah’s Witnesses, with his 1949 opinion in Terminello v. [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
However, the court stated that if, at trial, the defendants were able to prove that Madden had received the Cardholder Agreement and Change In Terms, and that FIA had assigned her debt to Midland Funding, her claims would fail as a matter of law because the NBA would preempt any state-law usury claim against the defendants. [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
However, the court stated that if, at trial, the defendants were able to prove that Madden had received the Cardholder Agreement and Change In Terms, and that FIA had assigned her debt to Midland Funding, her claims would fail as a matter of law because the NBA would preempt any state-law usury claim against the defendants. [read post]