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11 Feb 2015, 2:53 pm
And the framers of the Constitution — I once held the James Madison Visiting Professor Chair on First Amendment Issues at Columbia University — never intended it to. [read post]
30 Oct 2006, 1:54 am
Here's a Marler Clark lawyer on "safe" spinach Peter Lattman on global warming litigation Marcia Hofmann on a new Freedom of Information Act section for EFF's Legal Guide for Bloggers James Edward Maule, As Halloween Looms, Making Sure Dead Tax Ideas Stay Dead J. [read post]
28 Jun 2007, 4:26 pm
" Invoking Alexander Hamilton and James Madison, he affirmed that "the founders appreciated the role of precedent in promoting evenhandedness, predictability, stability," and "integrity in the judicial process. [read post]
12 Nov 2010, 1:54 pm by Gyi Tsakalakis
First, it is my view that James Madison never intended that the degree of protection afforded speech be subject matter dependent. [read post]
2 Jun 2015, 9:30 am
That view was especially firmly held by James Madison, the main drafter of the Takings Clause. [read post]
13 Sep 2011, 2:11 pm by Lovechilde
"  As James Madison maintained when he introduced the Bill of Rights, “independent tribunals of justice will consider themselves . . . the guardians of those rights [and] will be naturally led to resist every encroachment” upon them. [read post]
15 Jul 2014, 10:40 am
So far did Americans go in this direction that when James Madison worried about the threat from legislative tyranny, he complained in Federalist 48 that the “founders of our republics” seem “never for a moment to have turned their eyes from the danger to liberty from the overgrown and all-grasping prerogative of an hereditary magistrate. [read post]
20 Jul 2014, 9:01 pm by Ronald D. Rotunda
James Madison proposed that Congress could impose an export tax, if a super-majority in Congress approved. [read post]
3 Feb 2009, 1:37 pm
Nussbaum argues that even an originalist could acknowledge the role of capabilities in our jurisprudence, which was emphasized by Adam Smith, James Madison, and Thomas Paine in the eighteenth century and John Stuart Mill and social reformer Thomas Hill Green in the nineteenth. [read post]
5 Jul 2012, 10:16 am by Lauren Moore
"The supporters of the ACA deserve a moment of joy over the Courts decision, but for them it is just a short 'R and R,' as soldiers call it. [read post]
5 Jul 2012, 10:16 am by Lauren Moore
"The supporters of the ACA deserve a moment of joy over the Courts decision, but for them it is just a short 'R and R,' as soldiers call it. [read post]
29 Aug 2011, 4:00 am by Terry Hart
”3 Federal Preemption of Copyright Claims By the time the US Constitution was drafted, twelve of the thirteen colonial state governments had copyright laws.4 The Framers, specifically James Madison, gave the new federal Congress exclusive power to enact copyright laws primarily to ensure national unity. [read post]
27 May 2010, 7:55 pm by Drew Falkenstein
As James Madison wrote, [t]he powers delegated by the proposed Constitution to the federal government are few and defined. [read post]
25 Mar 2020, 10:38 am by Jack Goldsmith, Ben Miller-Gootnick
The Amars argue that the term “Officers” is predominantly used in the Constitution to mean executive officials, that evidence from the Philadelphia Convention confirms this view, and that James Madison maintained that legislative succession was unconstitutional. [read post]
22 Jan 2020, 9:01 pm by Leslie C. Griffin
She spoke at length about James Madison’s separation between church and state and the long, non-discriminatory practice of separation.Justice Kagan, who identified herself as one of the Trinity 7, saw a difference between the two cases. [read post]
21 Feb 2009, 1:16 am
" - James Madison 02/21/2009 By Stephen Lawson, IDG News Service A proposed U.S. law would require Internet service providers to store information about every user of their services and keep that data for at least two years, in a bid to crack down on Internet-based predators and child pornographers. [read post]
21 Apr 2015, 9:01 pm by Michael C. Dorf
In such times, the Bill of Rights has too often proved to be what James Madison called a mere “parchment barrier. [read post]
31 Oct 2017, 9:01 pm by Michael C. Dorf
Thomas Jefferson was the chief author of the Virginia Statute for Religious Freedom, which James Madison guided through the state legislature. [read post]