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23 May 2021, 12:48 pm
Thanks to Adam White, I can now see Justice Jackson's drafts of his Youngstown concurrence. [read post]
2 May 2021, 6:15 pm
In his Youngstown concurrence, Justice Jackson quoted the following verse from Rudyard Kipling: "Leave to live by no man's leave, underneath the Law. [read post]
20 Apr 2021, 8:11 am
"This is, of course, the opening of Justice Jackson's concurring opinion in Youngstown. [read post]
8 Apr 2021, 9:25 am
One reason that I want to write a book about Justice Jackson's concurring opinion in Youngstown is that the near-universal praise given to his analysis is at odds with trends in modern jurisprudence. [read post]
8 Apr 2021, 4:00 am
The Supreme Court declared this executive order unconstitutional in Youngstown Sheet & Tube Co v. [read post]
6 Apr 2021, 10:09 am
Jackson said in his famous concurring opinion in Youngstown Sheet & Tube Co. v. [read post]
6 Apr 2021, 10:00 am
The “infiltration of negroes” informed the grades of neighborhoods in Birmingham, Oakland, Charlotte, Youngstown, Indianapolis, Cleveland, Los Angeles, and Chicago; the “infiltration of Jews” or “infiltration of Jewish families” in Los Angeles, Binghamton, Kansas City, and Chicago; the “infiltration of Italians” in Akron, Chicago, Cleveland, and Kansas City. [read post]
5 Apr 2021, 8:45 am
For the first twenty years after Youngstown, Jackson's opinion did not receive special consideration (though you can find cites here and there.) [read post]
2 Apr 2021, 5:53 pm
With Easter upcoming, I thought I would share some interesting tidbits that I've discovered so far in my research on Justice Jackson's concurring opinion. 1. [read post]
31 Mar 2021, 11:18 am
I want to continue with a line of research that bore fruit in my draft paper on the non-delegation doctrine: Reading the footnotes in Justice Jackson's Youngstown concurrence carefully. [read post]
30 Mar 2021, 6:51 am
Table of Contents Executive Summary Introduction Overview of Current Proposals — Governor Justice’s Proposal — House Republican Proposal — Senate Republican Proposal Income Tax Reductions — Economic Overview — Impact on Pass-Through Businesses — Impact on Migration and Remote Work — The Role of Reciprocal Agreements Sales Tax Changes — The Sales Tax Consensus — Rate Increase — Taxation of Professional Services Luxury Tax Excise and… [read post]
29 Mar 2021, 4:53 pm
In those circumstances, the court will employ a three-part analysis articulated by Justice Robert Jackson in his concurring opinion to the Supreme Court’s decision in Youngstown Sheet & Tube Co.v. [read post]
29 Mar 2021, 7:53 am
I think that my next book will be about Justice Jackson's opinion in Youngstown. [read post]
21 Mar 2021, 7:53 am
The decline of the plant unfortunately mirrors the overall decline in the economic fortune of the Youngstown region. [read post]
12 Mar 2021, 7:03 am
Second, Jackson's concurrence in Youngstown, in which he said that Category One cases were subject to non-delegation limits, if you read the language carefully and consider what he says in Footnote Two of that opinion.Now I have a third piece of evidence--Jackson's draft of the Youngstown concurrence. [read post]
9 Mar 2021, 10:21 am
Jackson's Youngstown concurrence is often cited as the ur-text for a functional or flexible view of separation of powers. [read post]
3 Mar 2021, 5:01 am
Nearly a year into the coronavirus pandemic, it is hard to be optimistic about the future of global cooperation and the institutions that are supposed to support it. [read post]
1 Feb 2021, 9:22 am
Wallace and how Jackson's brief in that case clarifies some of the things that he said in Youngstown. [read post]
22 Jan 2021, 12:15 pm
A new state law granting parole hearings for juveniles imprisoned for adult crimes has led a Youngstown man to drop his third appeal of a sentence originally set at 141 years. [read post]
12 Jan 2021, 11:01 am
Take, for example, perhaps the preeminent such theory, Justice Felix Frankfurter’s “historical gloss” approach set forth in Youngstown. [read post]
