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31 Jan 2013, 9:01 pm by Vikram David Amar
What the original draftsmen (that is, the people who actually wrote the words) subjectively intended might be evidence of what the words meant at the time, but any divergence between the drafters’ subjective intentions and the most likely understandings of those words at the time of enactment would be resolved in favor of the latter. [read post]
28 Jan 2013, 4:59 pm by VALL Blog Master
Choice, v.50, no. 06, February 2013. [read post]
10 Jan 2013, 4:00 am by Terry Hart
For our purposes, this broader definition was explained most notably by James Madison in his 1792 essay, On Property. [read post]
26 Dec 2012, 12:00 am by Rumpole
McNeely on the issue of warrantless blood draws in DUI arrests; andMaryland v King on the issue of whether the state may draw blood for DNA analysis on people who are arrested and charged with felonies. [read post]
25 Dec 2012, 9:01 pm by Michael C. Dorf
James Madison more or less laid out the insurrectionist view in Federalist No. 46—although Madison had in mind that the people of a state would rise up under the auspices of the state militia, not one-by-one or in private armed bands. [read post]
30 Nov 2012, 11:48 pm by Peter Tillers
NORTHERN IRELAND LAW QUARTERLY THE VALUE OF EVIDENCE IN LAW Peter Tillers                 Vol. 39 No. 2                                           Summer 1988 THE VALUE OF EVIDENCE IN LAW* … [read post]
21 Nov 2012, 4:00 am by Terry Hart
RSC spokesman Brian Staessle remarked upon retracting the brief that ”we hope people will now use this opportunity to engage in polite and serious discussion of copyright law. [read post]
23 Oct 2012, 8:08 am by Terry Hart
James Madison, the primary architect of the Constitution’s Copyright Clause, said of it in the Federalist Papers, “The public good fully coincides… with the claims of individuals.” Pallante’s remarks, as she notes herself in her response to Lofgren, are primarily a restatement of what the Supreme Court said in Twentieth Century Music Corp. v. [read post]
23 Oct 2012, 8:08 am by Terry Hart
James Madison, the primary architect of the Constitution’s Copyright Clause, said of it in the Federalist Papers, “The public good fully coincides… with the claims of individuals. [read post]
10 Sep 2012, 9:06 pm by Prof. Akhil Reed Amar, guest-blogging
Here is what I say about this precise topic in Chapter 4 of my new book, in my discussion of the landmark Warren Court opinion of New York Times v. [read post]
24 Aug 2012, 7:12 am by Lisa A. Mazzie
The various classroom scenes where Professor Kingsfield grills student after student on classic contracts cases like Hawkins v. [read post]