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31 Jul 2019, 7:46 am by Josh Blackman
Indeed, the United States attempted and failed to make such a showing in Grupo Mexicano. [read post]
21 Jun 2024, 4:04 pm by Josh Blackman
United States, each of the separate opinions contended that the 16th Amendment (ratified in 1913) "overruled" Pollock v. [read post]
16 Sep 2013, 1:57 pm by Josh Blackman, guest-blogging
While several of Kennedy’s tendencies have been discussed in the literature—such as viewing Lawrence in terms of “liberty” over “privacy,” or his preference for protecting human dignity, or his strong belief in federalism —this article, written in light of Kennedy’s crowning achievement, United States v. [read post]
11 Sep 2023, 10:24 pm by Josh Blackman
Part V considers another threshold question: was Trump ever subject to Section 3? [read post]
16 Jun 2020, 6:45 am by Josh Blackman
On Monday, the Supreme Court decided a fun case with a funny title: United States Forest Service v. [read post]
21 Mar 2014, 1:53 pm
Court of Appeals for the Ninth Circuit eviscerated one of the few rights of that Slaughter-House affirmed as among the “privileges or immunities of citizens of the United States”: the right “to use the navigable waters of the United States. [read post]
6 Jun 2017, 12:59 pm by Alex Potcovaru, Quinta Jurecic
United States, a case that could have major Fourth Amendment implications. [read post]
2 Jun 2017, 8:25 am by Quinta Jurecic
In Blackman’s view, the IRAP decision is entirely about Trump qua Trump, and is therefore illegitimate as a work of legal reasoning; in Litman, Murillo, and Vladeck’s view, the decision is based on a neutral principle separate from the fact that Donald Trump is the President of the United States, and is therefore legitimate. [read post]