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26 Dec 2012, 6:58 am by Susan Brenner
  As to the nature of the offenses, McClellan argued that the `circumstances [in this case], a pattern of extensive and extended harassment, are already inherent in the language of the level of the offense charged. [read post]
8 Feb 2024, 1:45 pm
In this response Essay, I argue: first, that Lepore's marginalization of Article V's convention mechanism is in tension with her own historical and normative account; second, that while Lepore's wariness of conventions is entirely understandable given the state of our politics—and entirely commonplace among progressives—it carries significant risks of its own; and third, that constitutional conventions are not as unfamiliar as they might seem and… [read post]
8 Feb 2024, 1:44 pm by Christine Corcos
In this response Essay, I argue: first, that Lepore's marginalization of Article V's convention mechanism is in tension with her own historical and normative account; second, that while Lepore's wariness of conventions is entirely understandable given the state of our politics—and entirely commonplace among progressives—it carries significant risks of its own; and third, that constitutional conventions are not as unfamiliar as they might seem and… [read post]
7 Nov 2018, 6:43 am
In a unanimous opinion (minus Justice Kavanaugh, who was not yet on the Court when the case was argued), Justice Ginsburg focused on the text. [read post]