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26 Oct 2022, 6:58 am by INFORRM
Brennan J wrote the opinion of the Court, in which Warren CJ, and Clark, Harlan, Stewart and White JJ joined; Black J wrote a short concurring opinion; Goldberg J concurred in the result; and Douglas J concurred with both Black and Goldberg JJ. [read post]
3 Feb 2008, 11:04 am
  Harlan, Stewart and Clark dissented. [read post]
29 Jul 2015, 9:01 pm by Richard Pildes
After all, it was the vehement position of the dissenting Justices in these cases, such as Justices Harlan and Frankfurter, that the Court should not get involved in these issues at all because to get involved was to require the Court to choose among competing theories of political representation. [read post]
20 Aug 2006, 7:37 pm
The strong appeal of Al Gore's movie, which I was much impressed by, ultimately rests on a version of the "1% solutioin. [read post]
5 Dec 2011, 2:38 pm by David Kopel
The Texas intermediate Court of Appeals provided the legal reformulation that marriage was “status” and not “contract,” and was therefore not covered by the Civil Rights Act: “Marriage is not a contract protected by the Constitution of the United States, or within the meaning of the Civil Rights Bill. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
Black, A Constitutional Faith (1968) Certain other works dealt with obscure matters or issues of foreign law, such as the following: John Marshall Harlan, Manning the Dikes; Some Comments on the Statutory Certiorari Jurisdiction and Jurisdictional Statement Practice of the Supreme Court of the United States (1958) Ruth Bader Ginsburg, A Selective Survey of English Language Studies on Scandinavian Law (1970) Stephen G. [read post]
14 Feb 2024, 6:30 am by Guest Blogger
  Instead, the justices retained the norms and practices of a final court of appeals. [read post]
14 Jun 2015, 2:20 pm by Steve Vladeck
Peter agrees: "The functional view, exemplified by Justices Harlan and O’Connor, asks, 1) whether a non-Article III tribunal facilitates Congress’s goals in the exercise of its Article I powers, and, 2) whether a limiting principle curbs the risk to judicial independence. [read post]
14 Sep 2020, 1:26 am by INFORRM
  The Panopticon Blog had a post “Key points from the Bridges facial recognition appeal”. [read post]
26 Jun 2015, 7:03 am
., Eisenstadt, supra, at 453–454; Poe, supra, at 542–553 (Harlan, J., dissenting). [read post]
(emphasis added) When Robertson, the subway creep, appealed his conviction, the Supreme Judicial Court of Massachusetts reversed the conviction and set him free. [read post]
11 Jul 2023, 6:39 am by Joseph L. Hyde
  On appeal, the Second circuit found no error in admitting Stillwell’s confession in its modified form. [read post]
8 Dec 2023, 3:00 am by Jim Sedor
Democrats requested details of gifts, transportation, lodging, travel, and private club access provided to justices by billionaire Harlan Crow that appear to have been tied in some cases to conservative legal activist Leonard Leo. [read post]
3 Dec 2020, 8:30 pm by Jim Sedor
Data from Senate Stock Watcher, a website that aggregates publicly available information on lawmakers’ trading, shows the breadth of trades Perdue made in companies that stood to benefit from policy and spending matters that came not just before the Senate as a whole, but before the committees and subcommittees on which he served. 20 Days of Fantasy and Failure: Inside Trump’s quest to overturn the election MSN – Philip Rucker, Ashley Parker, Josh Dawsey, and Amy Gardner… [read post]
11 Nov 2014, 7:27 pm
EVANS et al.No. 94-1039.Argued Oct. 10, 1995.Decided May 20, 1996.517 U.S. 620, 116 S.Ct. 1620[Available at: http://www.law.cornell.edu/supct/html/94-1039.ZO.html] Justice KENNEDY delivered the opinion of the Court.One century ago, the first Justice Harlan admonished this Court that the Constitution “neither knows nor tolerates classes among citizens. [read post]
14 Jun 2024, 3:00 am by Jim Sedor
Elster’s lawyers argued the decision violated his free speech rights, and a federal appeals court agreed. [read post]