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18 Nov 2021, 11:30 am by Mark Graber
Mississippi (1898) and Plessy v. [read post]
8 Oct 2021, 9:30 pm by ernst
M’Intosh’s discovery doctrine in Wi Parata v. [read post]
4 Jul 2021, 6:41 am
It ought to be, as well, a day to salute those who were defeated. . . not so much those comfortably ensconced in centers of power, but those thousands who also gave their lives in service to a cause that in this case was doomed. [read post]
24 Jun 2021, 6:30 am by Guest Blogger
First, there is a lot of new material regarding the “loyal denominator” issue (see here and here): whether the former Confederate states were to be included in the Article V total of states of which three fourths were required to ratify an amendment, or whether (as I think) only three fourths of the states represented in Congress were required, because rebel states’ Article V naysaying power, like their Article I right to be represented, was suspended… [read post]
1 Jun 2021, 6:30 am by Sandy Levinson
  For example, I’ve long taught the fascinating case of Elkison v. [read post]
14 May 2021, 7:10 am by Arturo Jara
” Loving Plot: This film follows the true story of Richard and Mildred Loving, the couple behind the landmark Supreme Court case Loving v. [read post]
30 Apr 2021, 1:17 pm by Josh Blackman
Finally, in Part V, we consider an amended, hypothetical version of § 2383 in which Congress expressly invoked its powers under Sections 3 and 5 of the Fourteenth Amendment. [read post]
31 Mar 2021, 4:20 pm by Sandy Levinson
  As I argued in Framed:  America's 51 Constitutions and the Crisis of Governance, I am increasingly less interested in the kinds of debates about constitutional "meaning" that obsess the legal academy and more interested--or even obsessed--by the (un)wisdom of a variety of aspects of the Constitution that present no real challenges of "interpretation," including, for starters, the allocation of equal voting power in the Senate or the sheer difficulty of… [read post]
14 Mar 2021, 9:03 pm by Series of Essays
Miller, Arizona State University Sandra Day O’Connor College of Law McGirt v. [read post]