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24 Feb 2020, 11:24 am by Nicholas Mosvick
On February 24, 1803, Chief Justice John Marshall issued the Supreme Court’s decision in Marbury v. [read post]
20 Feb 2020, 2:54 am by Nicholas Mosvick
On February 20, 1905, the Supreme Court, by a 7-2 majority, said in Jacobson v. [read post]
19 Feb 2020, 9:01 pm by Neil H. Buchanan
When the law of the land says that human beings can own other human beings, for example, the law is marshaled to bring escaped “property” back to its legally empowered owners.The height of insanity in pre-Abolition America was, of course, the Dred Scott case. [read post]
11 Feb 2020, 3:50 pm by Kalvis Golde
” Thomas praised Justice John Marshall Harlan’s sole dissent in Plessy v. [read post]
1 Feb 2020, 3:36 am
” The Case Against Impeachment Has Nothing to Do With Impeachment By Lawrence Goldstone, author of multiple books including, Inherently Unequal: The Betrayal of Equal Rights by the Supreme Court, 1865-1903 and The Activist: John Marshall, Marbury v. [read post]
29 Jan 2020, 8:52 pm by Sandy Levinson
 My colleague Jeff Tulis suggests that we'd be far better off as a political system if impeachment had become a fairly normal part of our politics, beginning, perhaps, with the impeachment, in fact proposed by some, including John Quincy Adams, of His Accidency John Tyler, the unfit part of the Tippacanoe and Tyler too Whig ticket that won the presidency in 1840. [read post]
24 Jan 2020, 9:30 pm by Karen Tani
Sagers (Cleveland-Marshall School of Law). [read post]
18 Jan 2020, 7:22 am by David Post
And there's a federalism axis; some Justices might be receptive to the argument, which has roots in John Marshall's opinion in the seminal case of McCullough v. [read post]
10 Jan 2020, 11:56 am by Jonathan Shaub
Perhaps the most famous line written by the Supreme Court is John Marshall’s statement that it is “emphatically the province and the duty of the judicial department to say what the law is”—and without any guidance from the courts, the executive branch has developed more and more aggressive formulations of its authority. [read post]
8 Jan 2020, 2:36 pm by Steven D. Schwinn
Schwinn, UIC John Marshall Law School The Eleventh Circuit ruled in National Association of the Deaf v. [read post]
31 Dec 2019, 3:50 am by Benjamin Beaton
The SCOTUS 101 host, Louisville native Elizabeth Slattery, dives deep with Judge Thapar on all things Kentucky: Weller’s bourbon (“a poor man’s Pappy“), the most famous alum of Centre College–where Thapar sits on the board of trustees–Justice John Marshall Harlan the First (“the original originalist“), Pikeville (a (the?) [read post]
29 Dec 2019, 10:35 am by Steven D. Schwinn
Schwinn, UIC John Marshall Law School The Ninth Circuit ruled last week in Danielson v. [read post]
28 Dec 2019, 9:51 pm by Guest
As I discuss in The Spirit of the Constitution, New Deal historiographers made a concerted effort to argue that the Court’s Lochner jurisprudence represented an anomaly, utterly discontinuous with a consistent line of jurisprudence dating back to John Marshall. [read post]
26 Dec 2019, 12:59 pm by Daniel E. Cummins, Esq.
“This is something that supreme courts do as times and circumstances and their personnel change,” Marshall Dennehey Warner Coleman & Goggin attorney John Hare said.Hare likened the body to the U.S. [read post]