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24 Aug 2011, 6:15 am by Howard Wasserman
So if a court lacks subject matter jurisdiction in a case because the statutory grant of jurisdiction is invalid (see, e.g., Marbury v. [read post]
26 Jul 2011, 4:25 pm by Lawrence Solum
Van Alstyne (William & Mary Law School) has posted A Critical Guide to Marbury v. [read post]
5 Jul 2011, 5:41 am by Bill Merkel
Dicey (legislative omnipotence), Thomas Jefferson (departmentalism and active popular sovereignty that does not go dormant in non-Ackermanian moments), James Madison (a system of checks and balances reduced to a short code), or John Marshall (judicial supremacy based on an instrument that did not say a word about judicial supremacy when he wrote Marbury and continued silent on that point when his successors affixed each of their signatures to Aaron v. [read post]
25 Jun 2011, 2:22 pm by Edward A. Fallone
Madison) or whether the President’s claim of Executive Privilege was correct (United States v. [read post]
9 Jun 2011, 2:09 pm by Bill Merkel
Nor do I believe in the continuing viability of the constitutional compact-based justification for judicial review first offered up by Chief Justice Marshall in Marbury v. [read post]
27 May 2011, 1:19 pm by Edward A. Fallone
  In fact, for evidence that her opinion is nothing more than mainstream legal analysis, one need look no further than to the multiple citations to Marbury v. [read post]
26 May 2011, 8:42 am by Jonathan H. Adler
Madison and even has a subsection with a “Marbury v. [read post]
23 May 2011, 11:54 am
By Mike Dorf Law students and many members of the lay public learn early on the Blackstonian maxim for every right, a remedy, invoked by Chief Justice John Marshall in the opening passages of Marbury v. [read post]
20 May 2011, 4:11 pm by Lawrence Solum
The Article argues that, ironically, some of the major arguments for substantive judicial review in constitutional theory, and even the arguments in Marbury v. [read post]
4 May 2011, 9:45 am
Here is the abstract.A student of law or American history almost always encounters the midnight judges as a mere footnote to Marbury v. [read post]
25 Apr 2011, 6:40 pm by Lawrence Solum
Here is the abstract: A student of law or American history almost always encounters the midnight judges as a mere footnote to Marbury v. [read post]
18 Apr 2011, 8:23 pm
i4i squeezed $290 million in damages for an obscure feature in Word 2007. [read post]