Search for: "Warren v. Black"
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7 Jun 2019, 6:30 am
There were, to be sure, critics of the Warren Court, but the most important of these critics were themselves New Deal adherents of Felix Frankfurter, who had spent almost all of his academic career at Harvard defending Oliver Wendell Holmes and railing against what came to be called "judicial activism. [read post]
16 Dec 2006, 7:35 am
No one thinks that Miranda v. [read post]
29 Jun 2021, 9:01 pm
It included two Justices appointed during the New Deal, Hugo Black and William O. [read post]
11 Sep 2022, 9:01 pm
And many of Black’s most important originalist rulings—for example the watershed Wesberry v. [read post]
15 Jul 2007, 11:08 pm
Gideon v. [read post]
7 Feb 2024, 9:35 am
Rosen’s article Katcoff v. [read post]
23 Dec 2023, 5:01 am
Likewise with Muir v. [read post]
26 Jan 2023, 8:00 am
Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
25 Sep 2020, 3:21 pm
The landmark case, Reed v. [read post]
17 Oct 2024, 11:30 pm
But that phrase is not in the Constitution, color-blindness is not part of our history and tradition, and it is a controversial policy position that America has never lived by.The idea that the 14th Amendment stands for a color-blindness rule prohibiting good faith uses of race by government actors to ameliorate the lasting effects of slavery, Black Codes, segregation, and red-lining is a living constitutionalism value choice, which is why none of the originalist justices seriously examined… [read post]
19 Jun 2015, 2:04 pm
ICYMI: Yesterday, on Lawfare Paul alerted us to the Supreme Court’s pending decision in City of Los Angeles v. [read post]
19 May 2009, 2:02 pm
That Holmes chestnut from Schenck v. [read post]
3 May 2013, 3:57 am
Marshall (citing the same Justice Black opinion from Reid v. [read post]
24 Nov 2022, 3:03 am
Elizabeth Warren called for raw court packing after denouncing the Court as an “extremist” body. [read post]
10 Jul 2018, 3:54 am
Wade and Obergefell v. [read post]
4 Dec 2023, 2:49 pm
Kastenberg, Goldwater v. [read post]
12 Aug 2012, 6:11 pm
Some (but not all) formalists are especially disturbed by the results reached by the Warren and Burger Courts in prominent constitutional cases—like Roe v. [read post]
17 Apr 2011, 8:38 am
Some (but not all) formalists are especially disturbed by the results reached by the Warren and Burger Courts in prominent constitutional cases—like Roe v. [read post]
24 Jul 2015, 1:54 am
It’s predictable To achieve this, Hult believes in working as closely as possible with employers to determine the needs of the modern workplace, and continuously evolving their curriculum to meet those needs Black subdials with gold accentAfter the whole stage name fiasco/near life altering disaster, Howie knew he needed to change up his moniker99 without an agreement Trees immediately on the right when you get off Black Forest are pretty good too, again really accessible Now… [read post]
8 Jun 2014, 9:01 pm
” Later, in United States v. [read post]