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9 Dec 2019, 7:15 pm by Guest
Richard Primus summed up my argument in his entry in a symposiumon the book on Balkinization blog last month:The book’s studied ambivalence about the canonical status of McCulloch is partly a function of McCulloch’s capacity to retard as well as to advance national power, and thus to vindicate or repress the spirit of the Constitution, depending on who is using it. [read post]
2 Dec 2019, 12:15 pm by Guest Blogger
Mikhail, as I noted above, is the leading figure along with Richard Primus in an emerging body of scholarship suggesting that the Constitution’s grant of powers was not so limited. [read post]
31 Jan 2017, 6:53 pm by Molly Runkle
Commentary on Judge Gorsuch’s confirmation process comes from Daniel Victor of the New York Times; Richard Wolf of USA Today; and Joe Palazzolo of the Wall Street Journal. [read post]
28 Nov 2018, 12:00 pm by Michael C. Dorf
by Richard PrimusIn a series of blog posts (here, here, and here), Michael Dorf and I have been conversing about the justifiability of each state’s getting two representatives in the U.S. [read post]
2 Jun 2017, 12:28 pm by Ilya Somin
Legal scholar Richard Primus explains the point well: “If a different president had issued this order, would it be unconstitutional? [read post]
24 Jul 2019, 4:23 am by Edith Roberts
” At Balkinization, Richard Primus takes issue with Justice Neil Gorsuch’s “choice to use [John] Locke as a guide to the Framers’ ideas about the separation of powers” in Gorsuch’s dissent in Gundy v. [read post]
25 Nov 2017, 6:00 am by JB
"Richard Primus, also of this blog, has written a fascinating essay about the proposal on the Harvard Law Review's new blog. [read post]
24 Nov 2016, 7:46 am by Florian Mueller
And now:Guest post by Richard Kramer and Brett Simpson, both of Arete ResearchStandard-essential patents: more rationality and a shift to China, but where are tech's titans? [read post]
20 Mar 2019, 4:00 am by Michael C. Dorf
Richard Primus noted that although the doctrine of "reverse incorporation" makes the principle of equal protection applicable against the federal government (despite the fact that the Equal Protection Clause of the Fourteenth Amendment only binds states and their subdivisions, while there is no parallel provision applicable to the federal government), there are virtually no cases of courts finding equal protection violations by the federal government--except when used to… [read post]
31 May 2017, 4:59 am by Edith Roberts
” At Politico, Richard Primus points out that “the travel-ban case offers [Justice Anthony] Kennedy the chance to overrule a widely reviled decision that has never been officially overruled: Korematsu v. [read post]
10 Apr 2014, 11:27 am
Rosenberg’s article summarizes pretty accurately the talks by Jack Balkin (Yale), Richard Primus (Michigan), Eugene Kontorovich (Northwestern), and me on how Judaism affected our approaches to the Constitution. [read post]
27 Nov 2017, 7:30 am by Ilya Somin
As Richard Primus recognizes in the most thoughtful critique of the Calabresi-Hirji paper, court-packing does not violate the text of the Constitution. [read post]
27 Jun 2019, 6:55 pm by Howard Bashman
” Online at Politico Magazine, law professor Richard Primus has an essay titled “John Roberts Just Called Out the Trump Administration for Lying; Will he have the stomach to do it again? [read post]
8 Jun 2018, 4:16 am by Edith Roberts
” At Politico Magazine, Richard Primus considers the implications of the decision in Masterpiece for Trump v. [read post]
22 Jun 2011, 10:47 am by Sergio Campos
As put by Professor Richard Primus, by narrowing disparate impact liability and the class action "the court pushes the law toward [an] individualistic vision of sex discrimination."   [read post]
21 Jan 2020, 3:43 am by Edith Roberts
” At Politico Magazine (via How Appealing), Richard Primus suggests that “maybe [Roberts’] approaching the role like an umpire, rather than playing this or that angle on the trial, is … the best way to make the Court look the way he has always hoped it would. [read post]
22 May 2014, 7:44 am by Bruce Ackerman
As Graber notes, my political account ends with the resignation of Richard Nixon, and a lot has gone on since then. [read post]
15 Jun 2017, 4:00 am
"Yet as Richard Primus noted last week, deeming the Emoluments Clause non-justiciable would be directly contrary to its text, which forbids the president from receiving foreign Emoluments unless Congress consents to them. [read post]
16 Sep 2014, 6:24 am by Rebecca Tushnet
”  (Richard Primus refers to this kind of interpretive re-prioritizing of Supreme Court decisions by courts of appeals as “underruling. [read post]