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8 Feb 2024, 1:45 pm
In this response Essay, I argue: first, that Lepore's marginalization of Article V's convention mechanism is in tension with her own historical and normative account; second, that while Lepore's wariness of conventions is entirely understandable given the state of our politics—and entirely commonplace among progressives—it carries significant risks of its own; and third, that constitutional conventions are not as unfamiliar as they might seem and that our… [read post]
8 Feb 2024, 1:44 pm by Christine Corcos
In this response Essay, I argue: first, that Lepore's marginalization of Article V's convention mechanism is in tension with her own historical and normative account; second, that while Lepore's wariness of conventions is entirely understandable given the state of our politics—and entirely commonplace among progressives—it carries significant risks of its own; and third, that constitutional conventions are not as unfamiliar as they might seem and that our… [read post]
8 Aug 2016, 10:27 am by David Bernstein
The Court was more concerned about a combination of “one person one vote” egalitarianism and a felt need to reduce the power of conservative rural forces in the states to stand in the way of the national Progressive agenda. [read post]
26 Jul 2014, 4:56 am by Jani
This distinction was expressed incredibly well by David Kappos for SCOTUSBlog: "[t]he distinction between patentable software in Diamond v. [read post]
15 Nov 2009, 3:11 pm
Stewart, Deputy Solicitor General, did not have much more of an easy time. [read post]
28 Jul 2014, 1:04 am
” “More — DC police chief using guidance from AG — grants full reciprocity for all open and concealed carry from others states. [read post]
19 Nov 2010, 9:25 am by David Post
The folks over at Mayer Brown, with the Yale Supreme Court clinic, are (more or less) trying to do that; they have submitted a petition for certiorari in the Roberts v. [read post]