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29 May 2014, 10:50 am by Guest Blogger
” – but the one power he thought necessary to prevent disunion, the federal veto, was repeatedly and definitively rejected.[5]Eleven days before the Convention adjourned, Madison complained to Thomas Jefferson, in Paris at the time, that because his proposal for a federal negative of state legislation had been turned down, “the plan should it be adopted will neither effectually answer its national object nor prevent … local mischiefs. [read post]
28 May 2014, 7:37 am by Markham Erickson
Finally, the state argued that the Court should revisit its holding in Kiowa Tribe of Oklahoma v. [read post]
27 May 2014, 9:03 am by Lyle Denniston
Roberts, Jr., and Justices Antonin Scalia and Clarence Thomas. [read post]
22 May 2014, 7:44 am by Bruce Ackerman
 We all know Justice Thomas’ answer – but he is an extremist on the issue. [read post]
22 May 2014, 6:12 am
United States (joined by Justice Thomas), governs the review of sentences which would be deemed unreasonably lengthy in the absence of judge-made factual findings. . . . [read post]
22 May 2014, 4:00 am by Administrator
(c) Increase in the Number of Recusals It has been argued that judicial fundraising has the undesired potential of contributing to an excessive number of recusals.[105] This is problematic since regular disqualifications impose a cost on both the justice system and the public.[106] This is because such involvement “Will often necessitate the disqualification of a judge in a matter they have been involved with or have familiarly with due to their extrajudicial activities”.[107] Justice… [read post]
20 May 2014, 6:08 am by Bruce Ackerman
(For a recent reevaluation, see Thomas Colby's essay in Northwestern Law Review.)Taken in their own terms, the coercive Article Five exchange between Congress and the states does not establish the constitutional "quality" of the Fourteenth Amendment. [read post]
20 May 2014, 4:39 am by Amy Howe
In a post at ACSblog, Frederick Gedicks discusses Justice Clarence Thomas’s separate opinion in Town of Greece v. [read post]
19 May 2014, 3:29 pm by Stephen Bilkis
In construing a constitution or any part of it, a court should look to the law as it existed at the time it was adopted s held in Matrox v United States. [read post]
19 May 2014, 4:23 am by Lawrence B. Ebert
In 2006, for instance, Justice Anthony Kennedy stated as simple fact in eBay v. [read post]