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17 Nov 2008, 6:40 am
Barnette, 319 U.S. 624 (1943), (ENCYCLOPEDIA OF THE UNITED STATES SUPREME COURT, David Spinoza Tanenhaus, ed., Gale, 2008).Amelia J. [read post]
8 Nov 2008, 9:55 pm
Whether it falls under that line of cases will depend on some further facts, as State of Oregon v Rajneeshpuram shows. [read post]
15 Oct 2008, 5:52 pm
So far I’ve read and very much enjoyed the articles from Tom Barnett (DOJ), Luke Froeb and Pingping Shan, and Sean Gates (the others look good too). [read post]
9 Sep 2008, 2:25 pm
Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to… [read post]
9 Sep 2008, 2:14 pm
U.S. 8th Circuit Court of Appeals, September 05, 2008 Barnett v. [read post]
2 Jul 2008, 9:31 am
Many commentators, including my good friends Randy Barnett and Larry Solum, have praised Justice Scalia's opinion in Heller v. [read post]
25 Jun 2008, 6:15 pm
Yusuf, No. 07-3308 Unpaid taxes are "proceeds" of mail fraud for purposes of sufficiently stating an international money laundering offense. . [read post]
24 May 2008, 6:35 am
  Barnett emphasizes the constraint the constitutional legitimacy places on construction and requires that constructions preserve justice. [read post]
23 May 2008, 10:17 am
Third, there is no discussion of either Barnett's originalist theory (which may well justify the functional equivalent of privacy rights) or Balkin's recent originalist defense of Roe v. [read post]
14 May 2008, 7:03 am
As I understand the state of play, this is like an oxymoron for Solum, but conventional wisdom for originalists. [read post]