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31 Aug 2021, 6:02 am by Josh Blackman
Indeed, the members of the Burger Court that preceded Burger–Black, Douglas, Harlan, Brennan, Stewart, White, and Marshall–still feature prominently in any study of constitutional law. [read post]
10 Jan 2020, 11:56 am by Jonathan Shaub
Perhaps the most famous line written by the Supreme Court is John Marshall’s statement that it is “emphatically the province and the duty of the judicial department to say what the law is”—and without any guidance from the courts, the executive branch has developed more and more aggressive formulations of its authority. [read post]
29 Jun 2007, 1:50 am
Compare ante ("history will be heard"), with Brewer v. [read post]
4 Feb 2018, 3:00 am by NCC Staff
On November 13, 1956, the Supreme Court ruled in the case of Browder v. [read post]
9 Jun 2011, 6:14 pm by Rick Pildes
One very recent Court decision is a perfect test of these thoughts: the Court's 5-4 decision in Arizona Christian School Tuition v. [read post]
22 Nov 2021, 5:00 am by Eric Segall
Common sense distinguishes the two.I am not defending Kavanaugh's ultimate conclusion in the case but this approach to statutory interpretation is consistent with Blackstone, Marshall, and common sense. [read post]
1 May 2009, 10:00 am
(Creative Commons) Copyright Office hearing on proposed exemptions to DMCA ban on DRM circumvention (EFF) (Ars Technica) Open educational resources and implementation of the US Recovery Act (Creative Commons) Twitter and the DMCA: A fine mess (The Trademark Blog)   US Copyright – Lawsuits and strategic steps Apple – Apple sued by BluWiki operator OdioWorks, seeking declaratory judgment that its postings do not violate DMCA (Ars Technica) (EFF) Google – District… [read post]
11 Jan 2023, 3:55 am by jonathanturley
” The reason cited is his opinion he wrote in the 1987 case of McCleskey v. [read post]
25 May 2010, 8:09 am by Anna Christensen
  While his approach to judging was broadly consistent with the approach of liberal stalwarts William Brennan and Thurgood Marshall, it was equally in accord with the approach of many of the Court’s more moderate and conservative recent members, including John Harlan, Potter Stewart, Lewis Powell, and—in large measure—Byron White. [read post]
29 Sep 2010, 10:33 pm
Johnson, invalidating a prosecution for flag burning was:Majority: Brennan, Marshall, Blackmun, Scalia, KennedyDissent: Rehnquist, White, Stevens, O'Connor And by now, just about everybody accepts Texas v. [read post]
13 Sep 2016, 8:13 am by Marci Hamilton
The dissent was composed of the liberals on the Court: Harry Blackmun, William Brennan, and Thurgood Marshall. [read post]
15 May 2009, 1:08 pm
" Maybe Moreno will be nominated if the five others promise to overrule Roe v. [read post]