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24 Feb 2024, 6:30 am by Guest Blogger
  Then the solidly and increasingly conservative George Sutherland replaced the progressive John Clark, an event that proved to be “a significant turning point” (39) and “steered the Court sharply to the right” (45). [read post]
23 Feb 2024, 9:30 pm by ernst
John Mikhail, Georgetown Law, has a post up on Balkinization entitled A Reality Check on "Officers of the United States" at the Founding, in which he draws upon the research he conducted on the phrase in connection with his study of the Necessary and Proper Clause. [read post]
23 Feb 2024, 12:34 pm by John Elwood
During those protests, a police officer known by the pseudonym John Doe was struck by a hard object and badly injured. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
  This is the second part of our response to Professor John Mikhail's Balkinization post. [read post]
As the threatened attacks in Rafah have begun, killing untold numbers of civilians, including children, we call on the international community and member states of the UN to act with the utmost urgency to fully ensure respect for the provisional measures ordered by the International Court of Justice (ICJ) in the case regarding the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  At the state level, in Virginia, the same 1924 legislative session originated both the eugenical sterizilization act at issue in Buck v. [read post]