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3 Feb 2024, 9:52 am
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
27 Dec 2023, 5:00 am
This view is what we might call the Bernie Sanders/AOC theory of the case. [read post]
17 May 2020, 6:30 am
But sometimes takes a war, as happened in the case of Yugoslavia, and in the American secession from Britain in 1776. ( 21).What of 1776 and 1860-61, then? [read post]
15 Jul 2014, 6:20 am
A number of observers on both sides have noted that the most any Israeli leader is prepared to offer is less than the minimum that any Palestinian leader could ever accept.What can be done to end this conflict? [read post]
21 Jul 2015, 8:29 am
While he should have pushed for larger stimulus and remained too long in the thrall of the aforementioned fetishists, as Paul Krugman notes, "there's overwhelming consensus among economists that the Obama stimulus plan helped mitigate the worst of the slump. [read post]
15 Dec 2011, 5:07 pm
” The Article IV Clause in turn descended from a Privileges and Immunities Clause in the Articles of Confederation. [read post]
12 Aug 2011, 2:55 am
Resolution VI provided (I divide it into three parts for convenience): [1] "That the national Legislature ought to possess the legislative rights vested in Congress by the confederation;" [2] "and moreover to legislate in all cases for the general interests of the Union;" [3] "and also in those to which the States are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation. [read post]
25 Nov 2019, 11:00 am
McCulloch itself, however, is arguably not an enumerated powers/foregoing powers provision case at all. [read post]
31 May 2022, 2:51 pm
” With regard to agreements with foreign nations, Article I, sec. 10, clauses 1 and 2 of the Constitution are also restrictive: No state shall enter into any treaty, alliance, or confederation ... [read post]
31 May 2022, 2:51 pm
” With regard to agreements with foreign nations, Article I, sec. 10, clauses 1 and 2 of the Constitution are also restrictive: No state shall enter into any treaty, alliance, or confederation ... [read post]
22 Mar 2012, 1:58 am
To mitigate any affects of bifurcation, the panel explained, the Rules would also have to address the timing of the two cases so that one does not encounter a case where a party has been held to have infringed a patent that later is ruled to be invalid. [read post]
7 May 2011, 11:33 am
Back in February, Elie wrote about a UVA Law party that featured Confederate flag decor. [read post]
12 Jun 2009, 3:09 pm
Heller of course, is of recent vintage and, as Bonin noted, Justice Scalia, writing for the Court, reserved the question: With respect to Cruikshank’s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. [read post]
22 May 2014, 7:44 am
As Graber notes, my political account ends with the resignation of Richard Nixon, and a lot has gone on since then. [read post]
10 Jan 2011, 1:00 pm
" (And please take special note of the idiosyncratic use of the article "an" with the aspirated "h" of the first syllable of the word "hierarchical". [read post]
27 Jul 2010, 8:34 am
Students tend to prefer case-based coursebooks that are light on note cases, squibs, comments, theory, and so on. [read post]
7 Jun 2015, 5:24 pm
As Henning notes, “If RICO can be added to a case involving multiple defendants to claim that they engaged in a pattern of misconduct, then the Justice Department will indeed have a very big stick to attack corruption almost anywhere. [read post]
4 Jul 2018, 6:21 am
And it forms the basis for Martin Luther King's metaphor of the civil rights movement as a promissory note that a later generation has come to collect. [read post]
21 May 2020, 6:30 am
(As several other reviewers have noted, though, one of the truly important features of Waters's argument is that he in no way relies on ascriptive identities, such as ethnicity, to undergird his argument.) [read post]
13 Nov 2020, 5:01 am
They subsequently adopted “The Social Contract of Rojava Cantons in Syria” as the constitution of a self-proclaimed Kurdish autonomous canton union, and on March 17, 2016, issued a unilateral declaration of democratic confederalism. [read post]
