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12 Mar 2012, 4:27 am
Now one needs to say more about prejudice, of course, but I think the basic idea is captured in what is wrong with Justice Scalia's dissenting view in Romer v. [read post]
19 Feb 2012, 8:55 pm by Lawrence Solum
First, Bruce Ackerman's work on constitutional history suggested the availability of "left originalism" that maintained the commitment to the constitutional will of "We the People" but argued that the constitution included a New Deal constitutional moment that legitimated the legacy of the Warren Court. [read post]
19 Feb 2012, 6:01 am by Frank Pasquale
It sounds harsh, but maybe people in the middle class need to decide to take a pay cut. [read post]
18 Feb 2012, 9:04 pm by Frank Pasquale
It sounds harsh, but maybe people in the middle class need to decide to take a pay cut. [read post]
2 Feb 2012, 3:47 pm by Jonathan Zasloff
I ran into this dilemma the other day when discussing the classic case of Moore v. [read post]
18 Jan 2012, 3:00 am
The petitioners have pulled together an experienced legal team, including Lord Anthony Gifford, counsel to the landmark case of Dudgeon v. [read post]
10 Jan 2012, 3:30 pm by Benjamin Wittes
 That means making decisions based not on preconceived notions about what seems to be a tough response to terror but rather upon what will actually enhance the security of this country and the safety of the American people. [read post]
22 Dec 2011, 9:14 am by CJLF Staff
., who had challenged the timing and use of the jury in adjudicating his claim of death penalty ineligibility under Atkins v. [read post]
20 Dec 2011, 4:14 pm
The view was previously articulated in an earlier case, Fraser v Fraser. [read post]