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22 Nov 2013, 6:38 am by Bexis
  The underlying causation presumption has never gained majority acceptance on the Court in the ensuing 25 years. [read post]
11 May 2012, 4:23 am by Patrick Quinlan
So our state and federal constitutions include what we call the “balance of power” or “separation of powers” – structures and systems that prevent a single group from gaining exclusive power over our government. [read post]
11 May 2012, 4:23 am by Patrick Quinlan
So our state and federal constitutions include what we call the “balance of power” or “separation of powers” – structures and systems that prevent a single group from gaining exclusive power over our government. [read post]
24 Feb 2012, 1:21 pm by WIMS
From this premise, the State asserts that in 1889 it gained title to the disputed riverbeds under the "constitutional equal-footing doctrine. [read post]
3 Apr 2020, 6:49 pm by Sandy Levinson
 The first, which Jack emphasizes, is the theory that the "extended republic" will make it hard (perhaps impossible) for a selfish "faction" to gain control over the national polity, unlike the states, which Madison, at least at that time, viewed as little more than cesspools of faction. [read post]
29 May 2008, 3:52 pm
One of the trickier parts of the "evolving standards of decency" analysis in Kennedy v. [read post]
3 Aug 2009, 4:00 am
My FindLaw column, which will appear (here) later today, discusses the case of United States v. [read post]