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23 Oct 2018, 6:00 am
I shall note below the implications of this third notion of “fixing” the Constitution, which is in fatal tension with the far more dynamic view of American constitutionalism enunciated by John Marshall in what remains the single most important opinion in our history, McCulloch v. [read post]
16 Oct 2018, 8:17 am
Question: You write of Justice John Marshall Harlan’s famous solo dissent in Plessy v. [read post]
7 Sep 2018, 11:15 am
Rev. 27 (2000); AKHIL REED AMAR, AMERICA'S UNWRITTEN CONSTITUTION: THE PRECEDENTS AND PRINCIPLES WE LIVE BY (2012); Steven G. [read post]
5 Jul 2018, 12:44 pm
” Marshall cited a two-step process. [read post]
20 Jun 2018, 11:53 am
It is, as Chief Justice John Marshall observed of the commerce power in McCulloch v. [read post]
5 Jun 2018, 2:59 pm
Casto’s book The Supreme Court in the Early Republic: The Chief Justice-ships of John Jay and Oliver Ellsworth is exhaustively cited in the following article: Scott Douglas Gerber, The Supreme Court Before John Marshall, 14 U. [read post]
8 Mar 2018, 4:20 am
” At The National Law Journal (subscription or registration required), Tony Mauro reports that at an event honoring Justice Thurgood Marshall, Justice Elena “Kagan and three other former Marshall clerks offered their recollections of their year with the man who has been hailed as the most important lawyer of the 20th century. [read post]
25 Feb 2018, 8:38 am
Marshal. [read post]
16 Jan 2018, 2:06 pm
In 2006, the so called “Reed Amendment” provision was part of immigration reform. [read post]
16 Jan 2018, 2:06 pm
In 2006, the so called “Reed Amendment” provision was part of immigration reform. [read post]
12 Jan 2018, 6:49 am
Reed, Will and Fate in Frankenstein [read post]
12 Jan 2018, 6:49 am
Reed, Will and Fate in Frankenstein [read post]
22 Dec 2017, 8:38 am
John Marshall Harlan Louis Brandeis Stanley Forman Reed Fred Vinson 4) Which Prohibition-era justice, after being sent three bottles of wine, made this pseudo-constitutional determination: “The 18th Amendment forbids manufacture, transportation and importation. [read post]
28 Sep 2017, 12:52 pm
For example, Professor Akhil Reed Amar has written that even though, as a textual matter, the vice president should preside at his own impeachment trial, other constitutional principles would bar such a conflicted proceeding. [read post]
17 Aug 2017, 9:30 pm
In the words of Thurgood Marshall: “I wish I could say that racism and prejudice were only distant memories. [read post]
22 Jun 2017, 3:15 am
In later years, Solicitors General Robert Jackson, Stanley Reed and Elena Kagan would move onto the Supreme Court. 7. [read post]
19 May 2017, 9:33 am
Philip’s Episcopal Church’s 10th Annual Thurgood Marshall Law Day. [read post]
17 May 2017, 2:00 am
” Two justices—Robert Jackson and Stanley Reed—had concerns about the Supreme Court making a decision that would be better left to Congress. [read post]
5 Dec 2016, 2:32 pm
The fire marshall and firemen want to look for ways to prevent a similar event ever happening again. [read post]
5 Nov 2016, 8:34 pm
Marshall of Fish & Richardson, and James L. [read post]