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7 Apr 2015, 2:42 pm
The only two originalists on the Court (Scalia and Thomas) are unlikely to recognize same-sex marriage in any case, and none of the other Justices are actually committed to originalism, especially the stringent form the Originalist Scholars advocate in their brief. [read post]
31 Mar 2021, 4:20 pm
" I preferred to cast my lot with Thomas Jefferson and Woodrow Wilson as vigorous critics of any such veneration. [read post]
27 Oct 2023, 5:00 am
"Machen argued that judges are not bound by questionable facts from long ago and that results in constitutional cases properly can be different from one era to the next, even as the meaning of the text remains constant. [read post]
20 May 2019, 8:52 am
Rather, as trade secret litigators such as Victoria Cundiff have long known, courts did not do this lightly and limited remedies when they could. [read post]
1 Sep 2023, 4:00 am
But Ridley-Thomas maintained his innocence and the case proceeded to trial. [read post]
29 Mar 2023, 9:01 pm
On March 2, 2023, the White House Office of the National Cyber Director (“ONCD”) released the Biden Administration’s (the “Administration”) long-awaited National Cybersecurity Strategy (the “Strategy”), the first since the Trump Administration’s strategy was issued in September 2018. [read post]
13 Jun 2024, 11:11 am
Our courts have long recognized that trademarks containing names may be restricted. [read post]
21 Oct 2020, 7:28 am
The defendants justified under certain patents to Thomas A. [read post]
1 May 2020, 7:00 am
His dissent was joined by Justice Clarence Thomas and by Chief Justice John Roberts. [read post]
18 Nov 2014, 11:16 am
Two justices (Scalia and Thomas) questioned the amount of deference properly afforded administrative interpretations in situations “that contemplate[] both criminal and administrative enforcement. [read post]
12 Aug 2021, 6:30 am
Their reinvention of standing requirements, in turn, has left a long legacy. [read post]
19 Apr 2024, 6:00 am
On April 18, 2024 New York State Comptroller Thomas P. [read post]
19 Apr 2024, 6:00 am
On April 18, 2024 New York State Comptroller Thomas P. [read post]
30 Oct 2018, 8:00 am
In highlighting the diverse purposes of constitutional argument, Graber is identifying something real and important, not only in Abraham Lincoln’s and Thomas Jefferson’s constitutional rhetoric, but in constitutional rhetoric more generally. [read post]
12 May 2016, 1:55 pm
Both Larry Solum and Randy Barnett have blogged about it, and Solum traces it back to a 2011 article by Thomas Colby. [read post]
22 Sep 2016, 6:00 am
(Before you start reading this post in earnest, please know that it is not as long as it seems. [read post]
18 Jan 2021, 6:30 am
The Declaration was carefully crafted, of course, aimed at convincing the King of France that this is anything but a war on all monarchy – which of course is precisely what Thomas Paine said it was.Paine’s Common Sense is the revolutionary document. [read post]
3 Mar 2020, 6:30 am
More importantly, a number of the legislative proposals that are already on the policy agenda—universal pre-K and free college tuition, paid family and medical leave, expansion of government health insurance, and felon re-enfranchisement—would go a long way to restoring faith in democratic institutions. [read post]
23 Jan 2019, 7:08 am
Indeed, it was not until the 1991 nomination of Justice Clarence Thomas that Republican nominees have uniformly been more conservative than their Democratic counterparts. [read post]
28 Jan 2024, 4:48 pm
Both laws are quite long, and include provisions that are not at issue in the cases. [read post]
