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21 Apr 2024, 10:01 pm
Using the pseudonym Pacificus, Alexander Hamilton wrote a series of essays in support of Washington’s authority to determine the country’s foreign relations. [read post]
30 Aug 2024, 7:37 am
A bill that didn’t make it into law, HB 1291, would have permitted up to two accessory dwelling units, one of which may be detached, to be constructed on privately owned lots zoned for single family use, regardless of local dimensional, setback or lot coverage ordinances. [read post]
1 Jul 2020, 9:29 am
The common theme is reducing use of force both by changing force policies and scaling back the departmental footprint to limit when force might be used. [read post]
28 Jan 2011, 1:04 pm
Dale Lee Berg, III (Student Author) Killing Me Softly Should a Risk of Pain Dismiss Lethal Injection ... 35 Thurgood Marshall Law Rev 277 (2010). [read post]
31 Jul 2020, 11:54 am
The notion that the judiciary may supervise the political decisions of the two other branches was rejected as early as Chief Justice John Marshall’s landmark decision in Marbury v. [read post]
21 Nov 2019, 10:24 am
With all those caveats (ed.: so will this even tell us anything?) [read post]
15 Aug 2021, 6:30 am
Pfander, Cases Without Controversies: Uncontested Adjudication in Article III Courts (Oxford University Press, 2021).Robert PushawJim Pfander has marshaled substantial historical evidence that reinforces a thesis I set forth long ago: The modern Supreme Court has erroneously asserted that Article III, as originally understood, used “Cases” and “Controversies” synonymously to establish a requirement of “justiciability” that limits… [read post]
19 Aug 2018, 7:00 am
The Paris conference brought together the three heads of Libya’s legitimate political entities under the LPA—GNA Prime Minister Fayez al-Serraj (the executive), HoR President Agilah Saleh (the legislative), and president of the advisory body, the High Council of State (HCS), Khaled Mishri—along with Field Marshal Khalifa Haftar (military), the commander of the so-called Libyan National Army (LNA) forces based in Eastern Libya. [read post]
16 Mar 2018, 5:00 am
The district court’s uncritical acceptance of the government’s position, and disregard of contrary evidence marshalled by al-Alwi, was therefore an improper abdication of judicial responsibility which warrant [read post]
23 Feb 2021, 7:26 am
In other words, the Trump precedent does not rule out conviction in a future case even if the same senators are voting and use the same reasoning that they did in Trump’s case. [read post]
26 Nov 2019, 11:38 am
The Colorado Supreme Court agreed with us that under the First Amendment, the advocates could not be prosecuted under a jury tampering statute. [read post]
16 Sep 2015, 10:41 pm
She had a strategic plan, modeled on how Thurgood Marshall went after racial discrimination leading to Brown v. [read post]
28 Dec 2019, 9:51 pm
As I discuss in The Spirit of the Constitution, New Deal historiographers made a concerted effort to argue that the Court’s Lochner jurisprudence represented an anomaly, utterly discontinuous with a consistent line of jurisprudence dating back to John Marshall. [read post]
19 Sep 2020, 6:12 am
I have known slaves to pull up tobacco stalks and smoke chip them and use okra seed for coffee; [to] build pens in the woods and catch turk [read post]
4 Jan 2013, 5:08 am
“The outcome of some motions appears to have turned on the words used in the caption to describe the cause of action. [read post]
19 Jun 2014, 2:54 pm
They have made much of Marshall’s endorsement of coordinate construction in Marbury. [read post]
3 May 2013, 1:31 pm
Once we take it into account, it will alter our perspective and understanding of the use of war powers since 1945. [read post]
15 Sep 2016, 4:05 pm
If ordered, the judge will be ordering a federal marshal to show up somewhere to look for something. [read post]
7 Dec 2016, 6:23 am
I recurrently encountered the popular and scholarly idea that China had no real legal history, and certainly nothing from which US law could productively learn. [read post]
11 Jun 2014, 8:42 pm
FEC) in the context of independent corporate expenditure for political causes, it was best described by Justice Marshall of the US Supreme Court in a 1990 case as “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas. [read post]
