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29 Jun 2010, 8:08 am by Alan Gura - Guest
That today’s result has a strong historical basis may have increased the plurality’s comfort level in utilizing substantive due process, but Justice Thomas demonstrated that concern for the constitutional text’s original public meaning was actually necessary to achieve the result. [read post]
18 Oct 2021, 9:01 pm by Leslie C. Griffin
Because the law has not been strong enough to support the victims instead of the abusers. [read post]
4 Apr 2019, 6:00 am by Guest Blogger
But as I have argued elsewhere Chief Justice John Roberts and Justice Samuel Alito have pretty strong originalist tendencies. [1]  Even if these latter justices respect precedent more, they follow originalism in cases of first impression, as in NLRB v. [read post]
6 Apr 2012, 4:15 pm by Alfred Brophy
 Shartel's article was, in essence, a defense of the Michigan Supreme Court's 1925 decision in Smith v. [read post]