Search for: "Harder v. Harder"
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Of Insurrections, Presidents, and the Utter Failure of Constitutional Law to Address the Real Issues
14 Aug 2023, 4:00 am
But that rule is much harder to apply to Section 3 and the First Amendment than the authors admit.Although the First Amendment was indeed ratified long before Section 3, on the date Section 3 was adopted, the First Amendment simply did not apply to the states. [read post]
5 Sep 2015, 8:57 am
The courts, of course, followed by many academics, have a quite different view (Cooper v. [read post]
16 Jun 2022, 4:00 am
" Sir Matthew Hale (MH), a British jurist from the seventeenth century with a starring role in Samuel Alito's (SA's) leaked opinion in Dobbs v. [read post]
29 Jul 2016, 1:30 pm
But the text of Article 3 itself provides a harder line....Is the absence of a MA an irregularity that could be cured under Article 10(3)? [read post]
18 Feb 2013, 2:56 pm
At this point I’m reminded of the opening statement of one Vincent LaGuardia Gambini in the fictitional trial of Alabama v. [read post]
14 May 2020, 6:30 am
Davis’s trial ends because he receives a pardon; the Supreme Court eventually takes Lincoln’s side of the debate in Texas v. [read post]
10 May 2019, 6:30 am
” Every incremental step the US takes toward such an imbalance makes it harder to cure the imbalance, given predictably homophilic mechanisms of social sorting.The second is the slippery slope. [read post]
18 Mar 2025, 4:00 am
Here is Professor Solum, the originator of the Fixation Thesis, talking about gender equality under the 14th Amendment:[I]n Bradwell v. [read post]
9 Mar 2020, 10:53 pm
A whopping 23 years ago almost to the day, the Supreme Court heard oral arguments in a case called Reno v. [read post]
3 Aug 2023, 8:15 am
Sys. v. [read post]
17 May 2023, 9:46 am
Our personal data and the ways private companies harvest and monetize it plays an increasingly powerful role in modern life. [read post]
7 Oct 2024, 4:00 am
District of Columbia v. [read post]
1 Jul 2013, 7:37 am
By Daniel RichardsonStella v. [read post]
31 Aug 2022, 10:23 pm
After the Supreme Court’s decision to overturn Roe v. [read post]
7 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).Tarun Khaitan The central claim that Professors Mark Tushnet and Bojan Bugaric make in their provocative new book ‘Power to the People’ is that populism is only contingently in conflict with constitutionalism. [read post]
17 Sep 2013, 1:31 pm
Stutzman v. [read post]
18 Apr 2024, 2:14 pm
It’s been a long two years since the Dobbs decision to overturn Roe v. [read post]
17 Jun 2022, 11:48 pm
Never once during the Nokia v. [read post]
7 Jul 2022, 11:57 am
In overturning Roe v. [read post]
7 Mar 2023, 6:30 am
If this seems too bleak a view of the Court, consider that this is exactly what the Court did in Vega v. [read post]
