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6 Oct 2011, 2:49 pm by Josh Wright
  By way of contrast, today’s antitrust analysis of alleged exclusionary conduct begins with (ironically enough) the U.S. v. [read post]
6 Oct 2011, 6:29 am by Walter Olson
Argued yesterday before the Supreme Court, the case of Hosanna-Tabor Evangelical Lutheran Church and School v. [read post]
5 Oct 2011, 1:23 pm by Calvin Massey
The transcript of today's oral argument in Hosanna-Tabor Evangelical Lutheran Church v. [read post]
5 Oct 2011, 4:47 am by Rosalind English
The influence of a “graduated approach to proportionality” had two benefits; it took root in society without being perceived as being imposed from above, and it even influenced Strasbourg case law – see for example the extensive quotations from Lord Bingham’s judgments in Pretty v DPP when the Strasbourg Courts came to consider the case in Pretty v United Kingdom. [read post]
2 Oct 2011, 3:08 am by Eric S. Solotoff
  As the Court in Schwear noted: In such a dispute, there is a presumption in favor of the natural parent which arises from a parent's "fundamental liberty interest protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution" and is "rooted in the right to privacy. [read post]
26 Sep 2011, 10:35 am
I suspect it says something profound about the American impulse to root for the underdog.* I’ve written before (here and here) about federal criminal defendants in the Ninth Circuit who have been rewarded by being clever about their cases.** And, in United States v. [...] [read post]
25 Sep 2011, 10:15 pm by Walter Olson
Cato-intensive edition: David Bernstein’s Rehabilitating Lochner, recently praised by George Will, is part of Cato series challenging constitutional law myths [Roger Pilon, earlier; Bernstein's recommended-books list] Constitutional conservatism: the forgotten history [Johnathan O'Neill, Heritage] “Progressive originalism” a development to be welcomed, but faces uphill slog [Damon Root, Reason] Tim Lynch: constitution is too hard to amend ["Amending… [read post]
23 Sep 2011, 7:39 am by David Gans
Article V is incredibly important to our constitutional story. [read post]
21 Sep 2011, 5:24 pm by J. Michael Goodson Law Library
Yesterday's Wall Street Journal reported that, since the start of the protest on September 17, at least five of the demonstrators who have been arrested were issued a summons for violating the strange old statute, which has been on the books since 1845.The protest has roots with the online collective Anonymous, whose members often don Britain's iconic Guy Fawkes mask (as seen in the 2006 film adaptation of the graphic novel V for Vendetta) during public demonstrations. [read post]
21 Sep 2011, 12:40 pm by Stikeman Elliott LLP
The broad and ambiguous "public interest" jurisdiction of the Canadian securities regulators is rooted in the objectives of securities regulation, investor protection and market efficiency. [read post]
17 Sep 2011, 11:03 am by Keith Gerver
 He says that as this is asserted as state practice, many will see it as freeing the United States to do what it wants; but he thinks this will lead other states to believe that they’re accountable for their uses of covert force,  as the United States says it is. [read post]
17 Sep 2011, 10:44 am by Lovechilde
Under a Supreme Court decision called Printz v. [read post]
15 Sep 2011, 9:34 am by David Bernstein
They typically supported state action in all of its vilest forms, including Jim Crow laws and anti-immigrant laws.Thanks to George Will, the book is out of stock at Amazon and BN.com. [read post]
15 Sep 2011, 5:03 am by Russ Bensing
  Let’s start with US v. [read post]
14 Sep 2011, 7:30 am by Tomiko Brown-Nagin
The New Orleans school desegregation case, Bush v. [read post]