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1 Feb 2011, 9:11 pm
 That language doesn't come from some post-New Deal/Warren Court expansion of the scope of federal power, but from the leading case on the scope of Congressional power, CJ John Marshall's 1819 opinion in McCulloch v. [read post]
14 Feb 2013, 5:18 am by Terry Hart
One of the earliest and most influential cases to enunciate this doctrine was Pope v. [read post]
26 Apr 2023, 2:39 pm by Josh Blackman
(He has a bad habit of ignoring unhelpful precedent; See U.S. v. [read post]
8 Jun 2022, 7:00 am by Guest Blogger
” They made sacrifices in service of their community, in the same way that constitutions must serve the people. [read post]
29 Jan 2022, 3:10 pm by Eugene Volokh
The view that dominates will dominate because of fear and suppression, not because people have actually seen the best arguments on both sides. [read post]
9 Aug 2019, 1:36 pm by John Ross
That's because courts have shunned the only means available for obtaining relief: Bivens v. [read post]
17 Dec 2006, 9:49 pm
Warren Buffett is probably more famous than he ever wanted to be. [read post]
1 Feb 2015, 2:08 pm
Indeed, this is how the Warren Court treated the unenumerated “right to privacy” it first recognized in Griswold v. [read post]