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8 Jun 2015, 4:25 am by Amy Howe
” [Disclosure:  John Elwood, a frequent contributor to this blog, is among the counsel to Anthony Elonis. [read post]
5 Jun 2015, 9:33 am
In my view, when one does originalism, one must report all the evidence one finds in a particular source, so in my 2004 article, The Original Meaning of the Judicial Power, I presented all the evidence I found on this subject in Madison’s notes of the Philadelphia, including the one person–John Mercer–who did not like this power (though he never denied its existence). [read post]
5 Jun 2015, 7:32 am by John Elwood
John Elwood reviews Monday’s relisted cases. [read post]
4 Jun 2015, 3:36 am by NCC Staff
v=JqzG4MKIn4o Recent Stories on Constitution Daily Constitution Check: Does the First Amendment protect violent ranting on Facebook? [read post]
3 Jun 2015, 7:50 am
The term “power of judicial review” was not used in Marbury v. [read post]
3 Jun 2015, 5:14 am by Amy Howe
On Monday the Court issued its decision in EEOC v. [read post]
2 Jun 2015, 9:05 pm by Walter Olson
[David Boaz, Cato, taking issue with Daniel Hannan] “Appeals court scolds Apple monitor, but does not remove him” [Jeff John Roberts, Fortune; Eriq Gardner, THR; Colin Lecher, The Verge; earlier] Tags: Apple, don't, FDA, regulation and its reform, tobacco, traffic laws, transitJune 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
2 Jun 2015, 6:54 am by Amy Howe
And in Bank of America v. [read post]
2 Jun 2015, 5:21 am by Timothy P. Flynn
Elonis v United States involved threats made by a former carnival worker via Facebook against his ex-wife, local law enforcement and others.Anthony Elonis adopted the rap handle Tone Dougie, spreading his violent rap lyrics across his social network and drawing the attention of federal authorities. [read post]
1 Jun 2015, 3:07 pm by Howard Knopf
   As Justice John Evans, the  dean of administrative law in Canada, stated in the judicial review decision:[74] In the absence of a request from experienced counsel acting for a sophisticated client, fairness did not, in the circumstances of this case, require the Board to disclose copies of the SOCAN agreements on its own motion. [read post]