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12 Jul 2008, 2:29 pm
In the interests of bi-partisanship, I could just as easily invoke Justice Brennan's opinion in Penn Central v. [read post]
23 Dec 2008, 6:21 pm
* One commenter wrote, "I think that when an author puts his name to a piece of scholarship, it's an implicit statement that the author actually subscribes to the conclusions stated in the article, for the reasons stated in the analysis part. [read post]
28 Nov 2011, 2:20 pm
The IPKat's excellent and scholarly friend Norman Siebrasse tells him that he has recently become aware of a recent Canadian decision, Nazerali v. [read post]
24 Aug 2011, 8:55 am
Endnotes: 1 See, e.g., Brennan v. [read post]
6 Dec 2011, 8:16 am
This follows from Justice Kennedy’s opinion for the Supreme Court in City of Boerne v. [read post]
27 Jun 2014, 7:19 am
In National Labor Relations Board v. [read post]
12 Jun 2023, 5:31 am
But if Maine v. [read post]
25 Feb 2010, 11:58 am
There were four big takeaways for me from this session: --The Google v. [read post]
13 Jul 2022, 7:04 am
United States, 561 U.S. 358, 405-11 (2010); McCulloch v. [read post]
19 Apr 2025, 5:01 am
This was first made clear in Justice Brennan's opinion in Speiser v. [read post]
11 Dec 2024, 11:19 am
Since Marbury v. [read post]
14 May 2024, 10:27 am
This was first made clear in Justice Brennan's opinion in Speiser v. [read post]
2 Sep 2022, 5:01 am
That three-Justice opinion (written by Justice Brennan and joined by Justices Marshall and Stevens) stressed that the tax exemption was not a permissible accommodation of religion, because it "burdens nonbeneficiaries markedly"[14] "by increasing their tax bills by whatever amount is needed to offset the benefit bestowed on subscribers to religious publications. [read post]
11 Aug 2023, 7:00 am
In Rucho v. [read post]
13 Aug 2012, 8:41 am
The eighteen cases are, in chronological order, United States v. [read post]
22 Nov 2022, 7:47 am
Finally, a few months after Currin, the Supreme Court upheld another private delegation in United States v. [read post]
5 Jan 2008, 7:56 am
Randy E, Barnett (Georgetown) is first and begins by discussing Gonzales v. [read post]
13 Oct 2024, 1:20 pm
Elsewhere, I have explained why Founding-era understandings of "invasion" are limited to large-scale armed attacks, and do not cover things like illegal migration or drug smuggling (for more detail, see my amicus brief in United States v. [read post]
20 Jun 2022, 2:04 pm
Under Employment Division v. [read post]
23 Sep 2013, 1:12 pm
As Justice Brennan wrote in McDaniel v. [read post]
