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24 Jun 2017, 1:17 pm by Sandy Levinson
Lee and Jefferson Davis, both graduates of West Point, betrayed what had been their country in favor of the Confederate States of America (or, perhaps, in Lee's case, simply Virginia). [read post]
20 Jun 2017, 11:25 am by Christine Farley
” Justice Kennedy’s concurrence explicitly noted that the “case does not present the question of how other provisions of the Lanham Act should be analyzed under the First Amendment. [read post]
15 Jun 2017, 11:46 am by Matthew Pinsker
* Editor’s Note: This post is part of a symposium commemorating the 50th anniversary of the U.S. [read post]
14 Jun 2017, 12:11 pm by Lyle Denniston
 It notes that a ban on accepting gifts or other things of value was contained in the pre-constitutional Articles of Confederation, and was carried over into the Constitution when it was drafted in 1787, when the clause was expanded to include a requirement for consent of Congress before such benefits could be accepted. [read post]
30 May 2017, 8:19 am by Andrew Kent
As noted, the Court had supported—or at least failed to oppose—military commission trials while the war raged. [read post]
28 May 2017, 4:37 am by John Mikhail
” Blackstone’s brother-in-law, James Clitherow, who served as his executor, fulfilled this obligation by publishing two volumes of Blackstone's case notes in 1781. [read post]
25 May 2017, 2:30 am by Nicandro Iannacci
Americans might start by noting the differences between “history” and “memory. [read post]
18 May 2017, 3:11 pm by Eugene Volokh
Note that I’m on the Center for Individual Rights legal advisory board, though I wasn’t closely involved with this case. [read post]
17 May 2017, 1:33 pm by Ilya Somin
Ultimately, the case for removing Confederate monuments is the same as the case for removing the Confederate flag from public spaces of honor, and the case for renaming sites such as the Jefferson Davis Highway. [read post]
16 May 2017, 9:07 am by Phil Dixon
As noted by the court in the Rozier case, “defining the scope of a conspiracy or conspiracies remains a thorny problem for the courts. [read post]
15 May 2017, 7:35 am by Robert Brammer
Farrand’s Records is a four-volume set of documentary records of the Constitutional Convention, containing “notes taken at that time by James Madison, and later revised by him, [ . . . ] notes and letters by many other participants, as well as the various constitutional plans proposed during the convention. [read post]
9 May 2017, 8:31 am by Steve Lubet
” ADDITIONAL NOTE: Today is the 217th anniversary of the birth of John Brown. [read post]
8 May 2017, 7:43 am by Jon
Note that it is the "privileges or immunities" of citizens, not persons, which is used in the remainder of the sentence.The words "privileges and immunities appear in Article IV: [read post]
19 Apr 2017, 9:14 am by Stephen Griffin
  Some scholars have questioned Madison’s centrality, noting that Madison failed to prevail on several issues he saw as crucial in the Philadelphia Convention. [read post]
17 Apr 2017, 6:00 am by Guest Blogger
  (Klarman notes that a failure of the Philadelphia Convention to reach agreement on reforms to the Articles may have led to the collapse of the Confederation government and possibly even wholesale abandonment of republican principles by many American elites (pp. 598-99)). [read post]
16 Apr 2017, 6:00 am by Guest Blogger
  The most important individual right, trial by jury in criminal cases, was already in the Philadelphia Constitution. [read post]
15 Apr 2017, 8:00 am by Guest Blogger
” (131-32) Klarman also notes that delegate Elbridge Gerry “balanced his fear of democracy with an equally strong suspicion of elites. [read post]
10 Mar 2017, 12:01 am by rhapsodyinbooks
[Note that Merryman was not an opinion of the full Supreme Court; rather it was simply a writ issued by Taney pursuant to the Court’s original jurisdiction in habeas corpus cases for federal prisoners.] [read post]