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19 Jul 2022, 7:00 am
There may well be others on the Brennan Center list that I missed. [read post]
17 Jul 2022, 9:05 pm
In 1978, the American Law Institute (ALI) authorized a project originally intended to result in a Restatement of corporate law.[1] The drafters intended their project to be a departure from traditional restatements.[2] As they visualized it, the project was to offer “a combination of classic Restatement, forward looking guidelines, and perhaps also model provisions. [read post]
17 Jul 2022, 6:00 am
And a fourth influential formulation of living constitutionalism was offered in 1986 by Justice William Brennan: To remain faithful to the content of the Constitution, therefore, an approach to interpreting the text must account for the existence of the substantive value choices and must accept the ambiguity inherent in the effort to apply them to modern circumstances. [read post]
14 Jul 2022, 2:22 pm
More details to come! [read post]
14 Jul 2022, 12:45 pm
Lexi Brennan joins Drake Law’s library faculty as Reference and Instruction Librarian. [read post]
13 Jul 2022, 7:04 am
Justices Brennan, Stevens, and Marshall dissented. [read post]
13 Jul 2022, 3:46 am
Brennan Jr. [read post]
11 Jul 2022, 9:01 pm
Brennan, the Supreme Court held that guards violate the Eighth Amendment ban on cruel and unusual punishments when they place a prisoner in a setting in which the prisoner gets raped, if the guards exhibited deliberate indifference to the danger to which they exposed him and which came to pass. [read post]
11 Jul 2022, 6:50 am
Tom Wolf and Ethan Herenstein of the Brennan Center in the Atlantic: Members of the Supreme Court’s conservative supermajority just last week took the next step in a little-noticed, but extremely dangerous, project: attempting to jam into law a radical… Continue reading [read post]
10 Jul 2022, 6:30 am
This was certainly true, for example, of previous “most important books of their generation” like Alexander Bickel’s The Least Dangerous Branch or John Hart Ely’s Democracy and Distrust, both written during Warren Court and its aftermath in what many called the Brennan Court. [read post]
8 Jul 2022, 8:30 am
This dispute between liberal and conservative Justices over how to understand the nature of liberty goes back even further to the debate between Justices Scalia and Brennan in Michael H. v. [read post]
6 Jul 2022, 7:07 am
6 Jul 2022, 6:42 am
Brennan Center for Justice. [read post]
5 Jul 2022, 5:37 pm
Brennan Center for Justice: “A diverse bench is crucial to achieving a fair system of justice and promoting public trust in our courts. [read post]
5 Jul 2022, 6:27 am
That meaning, Brennan said, was to protect “debate on public issues” such that it would “be uninhibited, robust and wide-open. [read post]
2 Jul 2022, 4:03 pm
Justices Brennan, Marshall, and Stevens dissented. [read post]
29 Jun 2022, 3:26 pm
” Justice William Brennan once called the jurisprudence of sovereign immunity “a crazy quilt. [read post]
29 Jun 2022, 5:00 am
From the Brennan Center: While the January 6 committee has rightly focused on the criminal conspiracy to overturn the 2020 election, it is critical to remember that this threat is ongoing, and many of the people implicated continue to… Continue reading [read post]
28 Jun 2022, 9:01 pm
Brennan, that the right of privacy was a right of individuals, married or not. [read post]
27 Jun 2022, 10:03 pm
Justices Brennan and Marshall found that the death penalty was unconstitutional in all applications. [read post]
