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29 Nov 2012, 5:34 pm
Even the Supreme Court has gotten in on the act with its 2011 decision in Brown v. [read post]
18 Jul 2022, 6:30 am by Guest Blogger
  Perhaps this next Supreme Court term, in National Pork Producers Council v. [read post]
31 Oct 2010, 12:30 pm by Lawrence Solum
The Origins of Originalism No one scholar or judge deserves credit for originalism as a movement in constitutional theory and practice, but in my opinion one of the crucial events in the originalist revival was the publication of Raoul Berger's book, Government by Judiciary in 1977 by Harvard University Press. [read post]
19 Feb 2012, 8:55 pm by Lawrence Solum
The Origins of Originalism No one scholar or judge deserves credit for originalism as a movement in constitutional theory and practice, but in my opinion one of the crucial events in the originalist revival was the publication of Raoul Berger's book, Government by Judiciary in 1977 by Harvard University Press. [read post]
23 Sep 2022, 6:15 am by Astrid Reisinger Coracini
The understanding of aggression, the collective act underlying the crime, has remained virtually unchanged in GA Resolution 3314 and Article 8bis(2) of the ICC Statute since it was first introduced by a Soviet diplomat in 1933 and was found to reflect customary law by the International Court of Justice (Nicaragua v. [read post]
7 Jul 2024, 9:05 pm by Eric W. Orts
Chief Justice Roberts recites the Special Counsel Jack Smith’s allegations but somehow fails to grasp their main meaning. [read post]
21 Nov 2020, 6:39 am by Russell Knight
Before the divorcing parties’ assets are divided by an Illinois judge, they are classified by the divorce court. [read post]
6 Sep 2022, 6:56 am by Samuel Bray
Equity's concern with the protection of information can be seen as far back as 1818 and the canonical case of Gee v. [read post]
15 Aug 2012, 1:53 pm by Eric
As Techdirt's Mike Masnick asked rhetorically, "Dear Lamar Smith & House Judiciary: Have You Learned Nothing from SOPA? [read post]
18 Jul 2009, 7:31 am
This post is by my colleagues Mark Schonfeld, John Sturc, Barry Goldsmith, Eric Creizman, Jennifer Colgan Halter, Akita St. [read post]
18 Aug 2024, 6:30 am by Guest Blogger
While this brought them into conflict with judges wielding constitutional provisions such as the federal Contract Clause, states repeatedly challenged these Lockean constraints and granted their indebted citizens at least temporary relief. [read post]