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5 Aug 2013, 4:00 am by Allison Tirres
(aka The Chinese Exclusion Case), which announced that immigration control was “an incident of sovereignty” and thus a matter for Congressional—not state or judicial—power. [read post]
27 May 2021, 6:30 am by Guest Blogger
Traditionally, police powers also were used to reign in abuses of power, and people in the nineteenth century continued to expect that they would be applied in that way. [read post]
22 Aug 2022, 2:01 am by Jen Patja Howell
In other words, as a constitutional matter, can Congress, when legislating under its war powers, limit the normal sovereign immunity that state governments enjoy? [read post]
21 Apr 2023, 4:30 am by Michael C. Dorf
But the better view (I think) is the one taken by CJ Roberts: the Taxing power is a separate power; if the mandate is permissible under it, then it doesn't matter that it's not a permissible exercise of the Commerce power.I'm not the tax expert among the Dorf on Law contributors, but I'll nonetheless close with an analogy to tax law. [read post]
27 Apr 2020, 5:00 am by Samuel Rebo
First, Trump gives the gifts in his private capacity, so the fact that he happens to be president should not matter. [read post]
19 Oct 2010, 5:28 am by Jack Goldsmith
  But the appropriation riders that Congress has attached to matters like transferring detainees from GTMO, which touch on traditional commander-in-chief powers, will likely grow, perhaps a lot, after the mid-term elections. [read post]
8 Jan 2021, 12:29 pm by Site Admin
There are a number of them that we recommend, but those are three provisions that when I was reviewing Powers of Attorney, day in and day out, I would find missing, and it didn’t matter whether or not the client got it off the internet or got it from an attorney that didn’t specialize in estate planning, it turns out that they were often missing in their plan. [read post]
5 Jan 2017, 9:30 pm by Luke Herrine
No matter how it shapes up, if policymakers begin to confront the burdens created by mountains of student debt, they should understand just how far they are currently permitted to go. [read post]
2 Apr 2007, 2:41 pm by happyfeminist
People are wont to comment that women hold incredible power by virtue of our sexual desirability to men -- and that somehow we feminists just don't appreciate it or that we want to diminish that power. [read post]
4 Apr 2014, 8:12 am by John Mikhail
Indeed, as this Article will demonstrate, many surprising facts about the framing and ratification of the Constitution can be adequately explained only if these matters are viewed in their proper light. [read post]
21 Nov 2016, 6:30 am by Guest Blogger
”Cities are agglomeration economies—Lee calls this the “magnetic city” (a truly felicitous phrase)—and spatial economies will chug along no matter what. [read post]
18 Jul 2018, 8:00 am by Andrew Keane Woods
Rather, the point is that this is the conversation worth having: how rights discourse functions as a source of political and legal power, and with what limitations. [read post]
21 Oct 2011, 7:58 am by Craig Kelley
Teach kids about vehicle safety and that it isn’t safe to play with windows—no matter how entertaining it might be to push that toggle switch back and forth. [read post]
6 Mar 2013, 2:04 pm by Dan Ernst
LaCroix, University of Chicago Law School, has posted The Interbellum Constitution and the Spending Power. [read post]
26 Jul 2011, 3:35 am
It is a matter within his discretion to be exercised in the light of all the facts and circumstances of the case, keeping the ends of justice in view. [read post]