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13 Dec 2013, 8:41 am
A similar but much more expansive point has been made in the United States, by legal scholar Randy Barnett, who has repeatedly argued for a converse “presumption of liberty” where state action challenges the personal liberty of individuals. [read post]
3 Jun 2015, 7:50 am
The term “power of judicial review” was not used in Marbury v. [read post]
3 Oct 2017, 3:01 am by Walter Olson
“The justices tackle partisan gerrymandering again: In Plain English” [Amy Howe, SCOTUSBlog, earlier on Gill v. [read post]
4 Oct 2010, 1:07 pm by Ilya Somin
Among other things, it explains why the mandate runs afoul of the five part test established in the Supreme Court’s most recent Necessary and Proper Clause decision, United States v. [read post]
3 Apr 2012, 8:47 am by Matt Bodie
 The whole "limiting principle" -- or lack thereof -- is irrelevant to the states' economic power. [read post]
17 Feb 2016, 9:35 am by Randy Barnett
” Having shaped the theory itself, Scalia then employed it in one of the most important cases of our lifetime: the 2008 case of District of Columbia v. [read post]
18 Mar 2008, 4:48 am
Barnett at Gun-Rights Showdown, who writes:"Today, the Supreme Court will hear oral arguments in the case of Heller v. [read post]