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17 Sep 2021, 4:35 am by Matthew L.M. Fletcher
Many legal scholars have written on this issue but none as much as Chief Justice Marshall in Johnson v. [read post]
16 Sep 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
Among the visionary features of the original Constitution worth celebrating are: (1) its first words, “We the People,” which (as Chief Justice John Marshall would remind everyone three decades later in McCulloch v. [read post]
16 Sep 2021, 7:06 am by Pete Strom
  STATE OF SOUTH CAROLINA COUNTY COUNCIL FOR RICHLAND COUNTY ORDINANCE NO. [read post]
13 Sep 2021, 7:00 am by Lisa
The media frenzy so tainted the case that the United States Supreme Court released him and ordered a 1966 retrial in the case Sheppard v. [read post]
8 Sep 2021, 9:30 pm by ernst
As Chief Justice Marshall explained in Bank of the United States v. [read post]
3 Sep 2021, 9:30 pm by ernst
 In the Atlantic, Mary Ziegler (Florida State University), "The Justices Are Telling Us What They Think About Roe v. [read post]
26 Aug 2021, 6:30 am by Guest Blogger
Amar emphasized the Marshall-Story distinction between cases and controversies as the basis for limits on Congress’s jurisdiction-stripping authority; I found the distinction helpful in exploring the scope of the Court’s original jurisdiction and state suability (Pfander, 82 Cal. [read post]
26 Aug 2021, 5:00 am by Kevin
The court holds that they acted in bad faith and for an improper purpose—and not (as Powell claimed at the hearing) seeking to change the law like Thurgood Marshall did in Brown v. [read post]
17 Aug 2021, 6:30 am by Guest Blogger
Pfander dubs this the Marshall-Story formulation because of its canonical formulations in Chief Justice Marshall’s opinion for the Court in Osborn v. [read post]