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1 Jul 2011, 7:07 am by Mark Tushnet
On these matters, though, Bartlett's an apostate conservative. ** The dictum plays the role United States v. [read post]
25 Jun 2011, 2:22 pm by Edward A. Fallone
  After all, an absolutist view of separation of powers would never have allowed the United States Supreme Court to decide whether an executive branch official was properly appointed by the President (Marbury v. [read post]
24 Jun 2011, 3:55 pm by The Editors
Court of Appeals Second Circuit’s rehearing of Arar v. [read post]
24 Jun 2011, 3:25 pm by Christa Culver
Bartlett (1984), courts are limited to the statutory text, legislative history, and views of the Executive Branch or can instead also consider other external indicia; and (2) whether the lower court properly ruled that a Native American tribe's reservation had been "disestablished. [read post]