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21 Jul 2020, 9:01 pm by Michael C. Dorf
Constitution treats Native tribes as what Chief Justice John Marshall described in the 1831 case of Cherokee Nation v. [read post]
21 Jul 2020, 7:35 am by Matthew L.M. Fletcher
A worldview that has been shaped by place to describe one’s identity in space and time does not equate to species relatedness as a default to know one another. [read post]
21 Jul 2020, 7:00 am by Ronald Collins and David Hudson
Stevens (2010), albeit with a nod to John Marshall’s seminal 1803 opinion: The First Amendment’s guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative social costs and benefits. [read post]
18 Jul 2020, 9:40 am by Guest Blogger
  Koppelman has made one, and I will join him – with just a few small differences – here.To assess Koppelman’s claims, I am going to return to Masterpiece Cakeshop v. [read post]
7 Jul 2020, 9:01 pm by Michael C. Dorf
As a justice, his dissents in Lochner v. [read post]
6 Jul 2020, 8:07 pm by Jonathan H. Adler
Of note, this appears to be the approach adopted by Chief Justice John Marshall in Marbury v. [read post]
6 Jul 2020, 5:54 am by Jed Handelsman Shugerman
The Supreme Court ruled 5-4 in Seila Law v. [read post]
2 Jul 2020, 9:31 am by Amanda L. Tyler
” Neither the Supreme Court’s earlier immigration decision in INS v. [read post]