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24 Feb 2023, 12:36 pm
In this case we function largely as detectives, hopefully more like Sherlock Holmes than Inspector Clouseau. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
  Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
I offer a couple of examples, written by Chief Justice Hughes (who was no slouch as a lawyer), out of many that could be deployed.[12]  Wood v. [read post]
11 Jan 2023, 5:01 am by Eugene Volokh
Yet there can be little question that the employees and customers, some of whom crawled under a table desperately seeking cover, had every reason to fear they would be killed or seriously injured that day. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
” I have no particular brief for high Federalists from New England, but I do wonder what we might think had Garrison actually been influential and several New England states accepted his view and tried to secede, say, after the Supreme Court’s decision in Prigg v. [read post]
23 Dec 2022, 10:00 am by Kelly Goles
On September 14, the Law Library held its annual Constitution Day event, which featured Harvard Law School Professor Mark V. [read post]
28 Nov 2022, 4:45 am by Michael C. Dorf
On the contrary, I (and I'd venture most law professors these days) accept what Oliver Wendell Holmes, Jr. wrote in the opening paragraph of The Common Law:The life of the law has not been logic: it has been experience. [read post]
20 Nov 2022, 9:00 pm by Vikram David Amar
(For more evidence of lawyerly shabbiness in earlier stages of Moore v. [read post]
10 Nov 2022, 2:42 pm
 The three justices had a good idea of what Holmes was planning to write in his impending dissent in Abrams v. [read post]
8 Nov 2022, 1:15 am by Aaron Moss
The principle that characters which evolve over time don’t enter the public domain all at once was established by the 2014 opinion in Klinger v. [read post]