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20 Mar 2018, 9:01 pm
As Harvard Law Professor Laurence Tribe explained in a 1993 article in the Supreme Court Review, white Jackson residents undoubtedly had greater access to private (racially segregated) pools than African American Jackson residents had, so, in addition to an illicit purpose, the pool closings did have a disparate racial impact.Still, the general principle of Palmer may well survive: when government levels down, even with an illicit purpose, there is no equal protection violation in… [read post]
18 Nov 2009, 5:36 am
Justice Alito introduced his high-minded topic, the role of the federal courts in constitutional interpretation, but couldn't resist snarky references to the titles of two recent books about the Constitution by left-of-center law professors: Laurence Tribe's The Invisible Constitution and Cass Sunstein's A Constitution of Many Minds. [read post]
8 Aug 2011, 8:21 am
” This seems to be the attitude, for example, both of Harvard Professor Laurence Tribe (from somewhat on the left) and former Solicitor General and current Harvard Professor Charles Fried (from somewhat on the right), both of whom have made clear their belief that since health care is such a huge part of the economy (reportedly about one-seventh of it) that surely Congress must be able to regulate it under its Commerce Clause powers, and, surely, requiring… [read post]
22 Jan 2013, 9:01 pm
Interested readers would do well to consult Chapter 3 of Harvard Law Professor Laurence Tribe’s Abortion: The Clash of Absolutesor SUNY-Buffalo Vice Provost Lucinda Finley’s Chapter 10 of my book, Constitutional Law Stories. [read post]
6 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin Since one purpose in publishing Against Constitutionalism (AC) with Harvard was to maximise the chance of it being read by American constitutional scholars, I cannot be other than delighted with the reviews. [read post]
14 Jan 2021, 9:01 pm
Laurence Tribe of Harvard Law School responded that the constitutional text, the original understanding of the Founders, and historical practice of Congress conclusively show otherwise. [read post]
29 Oct 2020, 9:02 pm
The Brosofsky/Dorf/Tribe analysis showed that this reading of “legislature” is enshrined in the U.S. [read post]
11 Feb 2011, 10:01 pm
Unfortunately, like Akhil Amar and Laurence Tribe, the Times failed to address the actual objections being made by the plaintiffs and the actual reasoning of Judge Roger Vinson. [read post]
12 May 2019, 9:01 pm
For example, eminent Harvard Law constitutional authority Laurence Tribe reportedly called the president’s suggestion “idiocy,” and a news headline in the LA Times screamed: “Trump said he’d go the Supreme Court over impeachment—but that’s not how it works. [read post]
10 Sep 2012, 3:57 am
Three of the book’s five blurbers, after all, are conservative icons — Steve Calabresi, Ken Starr, and Rick Brookhiser, alongside progressive superstars Laurence Tribe and Nadine Strossen. [read post]
11 Jun 2012, 7:51 am
The comments of American scholar Laurence Tribe, cited by the Supreme Court of Canada in Unifund, describe the traditional situation well: There is much to be said for the view that the current state of the Supreme Court’s personal jurisdiction and choice-of-law doctrines is precisely backwards. [read post]
2 Dec 2008, 3:33 pm
My recent book, "The Invisible Constitution" (Oxford University Press 2008), argues that much of what we both do and should regard as the United States Constitution is neither expressed by, nor plausibly inferable from, the document's text. [read post]
17 Sep 2010, 8:55 am
In the work of the previous generation, symbolized by scholars like Laurence Tribe or Owen Fiss, living constitutionalism is largely the product of legal professionals-- lawyers, scholars, and members of the federal judiciary--who work out and develop the meaning of doctrinal ideas and public values. [read post]
12 Aug 2013, 8:18 am
Foreword: Buckley v. [read post]
27 Nov 2011, 9:25 pm
The most recent evidence put forth for these propositions is that, when the health care bill was finally passed in Congress, she sent an e-mail message to a personal friend (liberal law professor Laurence Tribe, then also working for the Obama Administration) saying that it was an “amazing” feat that the Democrats had pulled off. [read post]
10 Dec 2009, 7:54 am
Nonetheless, opponents of network neutrality raising the First Amendment question include, among others, an FCC Commissioner who thinks cable ownership limits trample on the First Amendment (you can watch his net neutrality argument here) and by the great Laurence Tribe (maybe the best longtime lawyer for the cable and phone industry). [read post]
8 Jun 2023, 10:02 am
[So holds the D.C. [read post]
25 Jul 2017, 9:01 pm
Laurence Tribe, Richard Painter, and Norman Eisen spelled out that negative case especially forcefully. [read post]
14 Oct 2018, 9:01 pm
Ironically, he takes aim at his Harvard Law School colleague Laurence Tribe, who (together with co-author Joshua Matz) argued in To End a Presidency: The Power of Impeachment (2018) for a broad construction of the impeachment power, while cautioning against its premature use. [read post]
19 May 2022, 5:56 am
Few appreciate that it was Roe's defense of this particular premise that John Hart Ely and Laurence Tribe so famously scorned. [read post]
