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1 Jul 2012, 10:16 am by Randy Barnett
Indeed, since the four conservatives agreed the mandate went beyond the commerce power, the Court now has five Justices who would constrain what Congress can do going forward – imposing significant limits on federal power. [read post]
9 Jul 2012, 11:27 am by David Kopel
No one would doubt that this law imposed a tax, and was within Congress’s power to tax. [read post]
22 Oct 2010, 6:38 am by David Oscar Markus
Noting that federal judges’ earning power had eroded by 24 percent since 1969, he said that Congress’s failure to raise judicial salaries presented a “direct threat to judicial independence. [read post]
9 Sep 2024, 9:01 pm by Rodger Citron
On your political science chart, draw an arrow shifting power away from administrative agencies under Article II of the Constitution towards the judicial branch under Article III.Two other cases this term, Corner Post, Inc. v. [read post]
31 May 2019, 6:00 am by Guest Blogger
 In NFIB itself, Roberts blessed, indeed, eloquently expounded the three transformational changes in constitutional constraints on federal power that the challengers (and the ever more right-leaning conservative legal movement) sought in the case. [read post]
27 Apr 2015, 7:21 am by Steve Lubet
At the Supreme Court level, the function of a judicial code is not to compel compliance or punish violations – both of which would be impossible, given life tenure and the separation of powers. [read post]
4 Oct 2017, 8:10 am
Anthea Roberts (Australian National Univ. - School of Regulation & Global Governance) has posted the Preface, Chapter 1 (The Divisible College of International Lawyers), and Chapter 3 (Comparing International Law Academics) from her newly published book Is International Law International?. [read post]
8 Jul 2014, 7:53 am by Barry Barnett
 We cited Chief Justice John Marshall’s dictum that “the power to tax includes the power to destroy. [read post]
9 Jul 2015, 5:44 am by Robert Ambrogi
“We want to balance having powerful tools that give power users a lot of options […] The post Exclusive First Look: All New Version of Fastcase Out Today in Beta appeared first on Robert Ambrogi's LawSites. [read post]
25 Jun 2007, 2:02 am
To inspire us, here are three sentences by Robert Bringhurst describing a typeface: "Most good text types owe their power in part to the rhythmic modulation of the line. [read post]
30 Jan 2007, 3:10 pm
The testimony of the other witnesses, including separation-of-powers expert Lou Fisher of the Library of Congress, Professor Robert Turner, and former Assistant White House Counsel Brad Berenson, can be accessed from this page, which also includes statements of Senators Feingold and Leahy.The hearing is well worth watching, but I have not yet been able to find the video online, such as at CSPAN. [read post]
15 Apr 2018, 9:30 pm by Series of Essays
The Regulatory Review is pleased to present this series of essays on the President’s removal power. [read post]
20 Jun 2011, 7:31 am by Calvin Massey
  Justice Scalia wrote for the Court, joined by Chief Justice Roberts and Justices Thomas, Kennedy, and Alito. [read post]
20 Feb 2022, 4:38 am
The abstract of the paper, Robert Cover and International Law--Narrative Nudges and Nomadic Nomos, suggests its scope and objectives. [read post]
7 Apr 2010, 4:20 pm by Jess Bravin
The landmark 1935 neoclassical courthouse, which recalls the temples of ancient Rome, symbolizes the court’s power and underscores its identity for the public. [read post]
21 Dec 2020, 7:50 am by Gerard Magliocca
In my prior post, I explained that Robert Jackson's brief in Currin v. [read post]
19 Jan 2010, 8:00 am by Terry Lenamon
  Not only does he (and his newly appointed counsel) have the recent ACLU challenge to reference, as well as whatever additional appellate points they will address, they also proceed in an environment where more and more people are recognizing that powerful, powerful reality: it is simply cheaper to allow prisoners like Mr. [read post]