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18 Mar 2013, 6:30 am by Benjamin Coates
These topics both reveal the imperial nature of expansion and help to explain the difficulties in recognizing it as such.Chief Justice John Marshall famously ruled in Cherokee Nation v. [read post]
31 Jan 2013, 9:01 pm by Vikram David Amar
In my column today, I explore what might be learned from the decision by the House of Representatives last week and the seemingly imminent (as of this writing) decision of the Senate this week to pass a bill that seems on its face to directly violate the clear text of the Constitution. [read post]
15 Nov 2012, 3:51 pm by Scott C. Idleman
” The first civil-law counterpart to Oliphant was issued just three years later in Montana v. [read post]
13 Sep 2012, 9:13 pm
Cts: §1322(b)(2) doesnt bar ch 13 dbtr from stripping off wholly unsec lien on princip. resid. http://www.bankruptcylitigationblog.com/uploads/file/Fisette-8-BAP-Schermer-8-29-11.pdf … B-DE won't grant leave to amend cplt to add 39 tsfs that cant be reconciled to transactions in the original complaint. http://www.bankruptcylitigationblog.com/uploads/file/PowermateHolding-BK-D-Del-Gross-8-18-11.pdf … B-DE: Amended cplt alleging more pref. transfers may relate back… [read post]
24 Aug 2012, 1:28 pm by Rita Trivedi
 Intermediate scrutiny seems perhaps the most difficult of the three levels to grapple with when it comes to predicting how to marshal sufficient evidence in a given case - or before a given court. [read post]
20 Aug 2012, 5:51 am by Shaun Marker
It is important to consult with your insurance professionals periodically to verify coverage, and I urge you to ask about ordinance or law coverage in those discussions. 1 City of Elmira v. [read post]
17 Aug 2012, 9:56 am by Sanford Rosen
Board of Education I & II (1954-55) was the law of the land. [read post]
13 Aug 2012, 8:41 am by Geoffrey Stone
  They are nowhere near as liberal as Justices like Brennan, Warren, Marshall, and Douglas. [read post]
19 Jul 2012, 5:06 am by J. Gordon Hylton
Marshall did this most famously with his opinion in Marbury v. [read post]