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3 Apr 2012, 7:04 am
As David Bernstein once noted, Obama has “thought a lot about constitutional history. [read post]
2 Apr 2012, 11:29 pm
As David Bernstein once noted, Obama has “thought a lot about constitutional history. [read post]
2 Apr 2012, 9:55 am
, 22 AMERICAN REVIEW OF INTERNATIONAL ARBITRATION 187 (2011)Nicole M. [read post]
1 Apr 2012, 10:49 pm
(David Bernstein) My friend and sometimes intellectual sparring partner, Andrew Koppelman, writes: The obsessive worry about an overbearing federal government suggests another historical parallel. [read post]
1 Apr 2012, 7:46 pm
I'm not a constitutional scholar, and my views about the Court are well-known, so it doesn't bother me to see the Wizard. [read post]
31 Mar 2012, 9:19 pm
Now I’m sure that they asked me this in part because it was pretty obvious that I was libertarian-minded, and this was the most prominent libertarian law book of the day. [read post]
30 Mar 2012, 6:50 am
(David Bernstein) Following up on Jonathan’s post below, I’m not terribly worried about warnings from the left that a ruling against the ACA will undermine the Court’s legitimacy. [read post]
28 Mar 2012, 6:52 am
At this blog, Lyle Denniston provides a detailed analysis of the arguments advanced by the government and the mandate’s challengers, and suggests that “[i]f Anthony M. [read post]
27 Mar 2012, 5:38 pm
And, of course, the greatest limiting principle of all, which not too many accept, so I’m not going to emphasize that, is the limiting principle derived from the fact that members of Congress are elected from States and that 95 percent of the law of the United States is State law. [read post]
27 Mar 2012, 12:05 pm
(David Bernstein) “This law looks like it’s going to be struck down. [read post]
27 Mar 2012, 5:19 am
(David Bernstein) The Times has a nice front-page profile of Randy Barnett, discussing his role in crafting the challenge to the ACA. [read post]
25 Mar 2012, 7:49 pm
(David Bernstein) I wonder if folks at HHS were in contact with folks at Justice before they decided to announced a few weeks back that health insurers must cover contraceptives. [read post]
25 Mar 2012, 9:08 am
I'm not sure. [read post]
23 Mar 2012, 6:38 am
More to the point, I’m quite sure that the conservative majority is not willing to endorse the proposition that the commerce power is really the Congress-Can-Do-Whatever-it-Wants Power. [read post]
20 Mar 2012, 1:15 pm
Bernstein. [read post]
19 Mar 2012, 11:42 pm
(Ilya Somin) Co-blogger David Bernstein links to a New York Times column by Thomas Chatterton Williams which argues that “[m]ixed-race blacks have an ethical obligation to identify as black — and interracial couples share a similar moral imperative to inculcate certain ideas of black heritage and racial identity in their mixed-race children, regardless of how they look. [read post]
19 Mar 2012, 4:46 pm
But I’m curious as to what VC readers think about the various points embedded in the author’s argument. [read post]
19 Mar 2012, 4:22 am
I’m glad Woodward and Bernstein didn’t adopt that ethos in the early 1970s. [read post]
16 Mar 2012, 9:18 am
Australian law firms: M+K: Your firm. [read post]
14 Mar 2012, 6:22 pm
(David Bernstein) Yesterday, I got a request from the Harvard Law Review to undertake an anonymous “peer review” of an article HLR is considering for publication. [read post]
