Search for: "People v Ely"
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26 Jan 2023, 8:00 am
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]
23 Jan 2023, 7:30 am
Historians are generally agreed that what stymied this antislavery tide was the invention of the cotton gin by Eli Whitney in 1791. [read post]
19 Jan 2023, 7:35 pm
And, frankly, nobody even needed the leak to know that Alito and his conservative buddies were going to overturn Roe v. [read post]
18 Jan 2023, 5:00 am
The theory is only partly descriptive, however, as Ely used it not only to praise Warren Court decisions but also to criticize rulings (especially Roe v. [read post]
17 Jan 2023, 6:30 am
The theory is only partly descriptive, however, as Ely used it not only to praise Warren Court decisions but also to criticize rulings (especially Roe v. [read post]
14 Jan 2023, 6:30 am
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]
13 Jan 2023, 6:30 am
John Ely cast his representation-reinforcement theory partly as a defense of Warren Court liberalism, though he rejected Roe v. [read post]
26 Dec 2022, 9:05 pm
May, President of the Free State Foundation In West Virginia v. [read post]
25 Oct 2022, 6:30 am
They are literally the only people whose opinions genuinely count in his version of the law. [read post]
20 Oct 2022, 6:30 am
Ely had an important big idea—that judicial review (in a case like Brown v. [read post]
5 Oct 2022, 12:03 pm
Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How we, Native people, reflect on the law in the Dawnland). [read post]
4 Oct 2022, 1:27 pm
The Supreme Court decided Brown v. [read post]
12 Sep 2022, 6:00 am
” Later, Chief Justice John Marshall also was burned in effigy after writing the famous opinion in Marbury v. [read post]
4 Sep 2022, 6:30 am
However, because neither group has any intention of rightwarding this careening ship, the problem will be with us for the foreseeable future—until the people recapture what is rightfully theirs or the vessel itself sinks. [read post]
4 Aug 2022, 5:24 am
Elie Mystal, who has written for The Nation and Above the Law, accused Sen. [read post]
13 Jul 2022, 2:52 pm
Eli-Tpitahatohek Tpaskuwakonol Waponahkik (How we, Native people, reflect on the law in the Dawnland). [read post]
10 Jul 2022, 6:30 am
Board of Education; Ely was less taken by the Court's ability to discern substantive values, but he did strongly believe that the duty to monitor the basic procedures of the republic and to engage in “representation reinforcement” to protect marginalized groups who could not in fact participate adequately in America’s system of interest-group politics (even if, as we have recently been reminded, he vociferously opposed Roe v. [read post]
9 Jul 2022, 12:30 pm
Gongadze v. [read post]
6 Jul 2022, 4:55 am
He writes: Suppose that in 1924 this Court had expressly reaffirmed Plessy v. [read post]
6 Jul 2022, 4:13 am
” MSNBC commentator and the Nation’s Justice Correspondent Elie Mystal has called the U.S. [read post]