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18 Nov 2019, 6:30 am by Guest Blogger
    Bravo to Schwartz for writing an extraordinary book on two hundred years of constitutional law.Victoria Nourse is Ralph V. [read post]
14 Nov 2019, 6:30 am by Guest Blogger
Readers who complete this deep dive into two hundred years of cultural and judicial references to McCullochwill probably be persuaded by Schwartz’s general arguments: McColloch does contain ambiguous and at times seemingly contradictory language, Marshall’s opinion has been viewed in different ways at different times, and it is only recently that the case has come to occupy its status as a canonical statement congressional authority. [read post]
1 Nov 2019, 12:00 pm by William B. Gould IV
Inequality has grown as unions have declined, and the preponderant view is that there is a connection between these two factors.(3) And union representation has declined to 10.5% of the workforce in the private sector, slightly more than 6%—one out of every 20 workers. [read post]
1 Nov 2019, 7:00 am by Amanda Frost
“By speaking with one voice,” Sherry argues, “the Court increases its authority as an institution” — a view she notes was shared by John Marshall, Earl Warren, Learned Hand and Thomas Jefferson. [read post]
1 Nov 2019, 3:00 am by Jim Sedor
Katie Hill to Resign Amid Allegations of Inappropriate Relationships with Staffers Politico – Heather Caygle, John Bresnahan, and Kyle Cheney | Published: 10/27/2019 U.S. [read post]
31 Oct 2019, 5:59 am by Jonathan Shaub
Importantly, my paper also provides the theoretical basis to understand why executive privilege does not apply to impeachment. [read post]
29 Oct 2019, 6:00 am by David Kris
This was due to the so-called Foreign Intelligence Surveillance Act (FISA) “wall” that kept intelligence and law enforcement personnel at arms’ length from one another, sometimes requiring two separate investigations of the same suspect—one by a squad of FBI intelligence agents, and the other by a squad of FBI law enforcement agents—with limited coordination between them. [read post]
28 Oct 2019, 6:00 am by Brian Gallini
That, however, does not mean that no Fourth Amendment remedy exists. [read post]
13 Oct 2019, 7:20 pm by Second Circuit Civil Rights Blog
If John is fired for dating Michael, and he would not have been fired if he were a woman, then John is fired because of his sex. [read post]
26 Sep 2019, 11:38 am by Tim Hewson
What happens if the brother or the wife predecease John Doe? [read post]
23 Sep 2019, 5:08 am by Susan Landau
” As John Kennedy said so very long ago, “We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win, and the others, too. [read post]
21 Sep 2019, 4:03 pm by Howard Knopf
"Deliverance" by John Boorman 1972Here’s a summer’s end snapshot about the state of copyright in Canada in 2019 as we:Digest two contrasting and competing parliamentary committee reports;Await the ruling, which could come at any time now, of the Federal Court of Appeal (“FCA”) in the Access Copyright v. [read post]
20 Sep 2019, 8:00 am by Ronald Collins
Question: In a portion of a tribute (reproduced in the book) to Justice Byron White, for whom he once clerked, Gorsuch wrote: “Justice White was famous for dissenting from denials of certiorari – he authored more than two hundred of them. [read post]