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Justice Thomas focused on the seven decades worth of critiques that Wilburn Boat has received and concluded his concurrence by stating that this case continues to whittle at Wilburn Boat’s holding, which now only applies to maritime contract disputes that “implicate local interest as to beckon interpretation by state law. [read post]
21 Feb 2024, 6:30 am by Guest Blogger
”) Florence Kelley didn’t think you had to squint to notice the enduringly unequal status of women in the United States in 1923. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
16 Feb 2024, 12:30 pm by John Ross
In the standoff between Texas and the United States gov't over Gov. [read post]
13 Feb 2024, 11:53 am by Phil Dixon
Cases of potential interest to state practitioners are summarized monthly. [read post]
13 Feb 2024, 6:30 am by Guest Blogger
He left the bulk of his estate to the United States.[2] He never explained what he expected the United States to do with the money, which was then the largest unrestricted gift ever made to the federal government.[3] “Taxes are the price we pay for civilized society,” he’d once written in a famous dissent.[4] Was the bequest a kind of tax he felt he owed the country? [read post]
9 Feb 2024, 4:11 am by Marty Lederman
Below are links to the complete series of my posts on Trump v. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
The story of Floyd and his cabinet co-conspirators was the paradigm case that shaped Section 3. [read post]
7 Feb 2024, 10:30 am by Taylor Gulatsi
In 1938, Congress established a nine-person Oliver Wendell Holmes Devise Committee with representatives from the United States House of Representatives, the United States Senate, and the United States Supreme Court. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
  Reed then explicitly rejects the Lederman view, in a discussion which concludes:   The United States is a constitutional democracy. [read post]