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19 Feb 2008, 4:38 pm
And why does Clarence Thomas, a poor black kid from rural Georgia, become like "Ron"? [read post]
17 Oct 2010, 11:11 am
My view of “constitutionality” did not rest on such predictions, so I did not need to offer any. [read post]
2 Jun 2015, 9:30 am
The narrow view was also endorsed by leading mid to late 19th century treatise writers on constitutional law, most notably Supreme Court Justice Joseph Story, Michigan Supreme Court Justice Thomas Cooley (the leading 19 century authority on state constitutional law), and John Lewis (author of the first American treatise on eminent domain law). [read post]
19 May 2010, 10:04 pm
Note too that Justice Thomas has a perfect record as voting to reject federal power in each of these cases, ruling out the possibility that he is voting politically. [read post]
17 Dec 2013, 9:01 pm
But if the government truly stays out—that is, if the government opens up public property for anyone who wishes to erect a display—then the government cannot be reasonably viewed as endorsing any particular religious (or other) view. [read post]
16 Jun 2009, 9:01 pm
This view--typically called "departmentalism" and traceable at least to Thomas Jefferson--stresses the co-equal nature of the branches of the federal government. [read post]
24 Jun 2020, 11:45 am
This conclusion is reinforced by the drafting history of Rule 48(a), recently summarized nicely in a short, on-line piece by Thomas Frampton. [read post]
8 Dec 2020, 1:03 am
This contractual view was also probably a victory for the French civil law doctrine [5] defending this view over the doctrine advocating a competitive approach [6]. [read post]
28 Aug 2006, 6:35 am
Instead of viewing constitutional interpretation by citizens as parasitic on judicial interpretation, we should view it the other way around.Why emphasize the citizen's perspective? [read post]
18 May 2010, 9:10 am
” Justice Stevens, joined by Justices Thomas and Breyer, stated their disagreement in a lengthy dissent. [read post]
10 May 2013, 1:35 pm
I’d contrast my view, for example, with Toobin’s view of Chief Justice John Roberts in Citizens United. [read post]
12 May 2023, 6:00 am
So, as Arthur Miller reminded us about Willy Loman, another lost soul, "attention must be paid" to McVeigh's particular views. [read post]
24 Feb 2011, 4:07 pm
As Rix LJ makes clear, a claimant does not need to establish that every individual act complained of is, when viewed in isolation, an instance of harassment. [read post]
27 Apr 2018, 5:52 am
It is a very well-done video and can be viewed online. [read post]
16 Jun 2008, 10:01 pm
He wrote: But we certainly should consider Congress' view of the policy for the statute it created, and that view inheres in the statute's purpose. [read post]
7 Mar 2019, 9:01 pm
By setting itself apart from the university and the professional administrators to whom Grutter and Fisher gave some degree of deference, HLR runs a real risk that a court will view HLR’s practices as distinct from those the Supreme Court upheld in the two cases. [read post]
13 Apr 2017, 6:00 am
Too much written on this topic is hagiographic, reading our modern glorification of the first ten amendments back onto the Founders.Where I part with Klarman (among many others) is my view that engaging with social-contract theory is essential for comprehending Founding-Era debates about rights. [read post]
28 Sep 2017, 9:45 pm
**The title is taken from a letter James Madison wrote to Thomas Jefferson. [read post]
19 Apr 2022, 3:27 pm
Thomas R. [read post]
15 Jan 2014, 8:52 pm
Click to view image full-size.On Friday, President Barack Obama will announce changes and potential reforms he will make to the National Security Agency (NSA). [read post]
