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3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
7 Apr 2011, 2:15 pm by Curt Cutting
  But the memorandum disposition doesn't elaborate on the facts, so it's hard to tell why the court thought this case warranted a departure from the statement in State Farm v. [read post]
25 Apr 2013, 5:45 pm by Rick E. Rayl
We've talked in the past about just how hard it is to state a regulatory takings claim under the Supreme Court's decision in Penn Central Transportation Co. v. [read post]
3 Apr 2020, 6:49 pm by Sandy Levinson
 The first, which Jack emphasizes, is the theory that the "extended republic" will make it hard (perhaps impossible) for a selfish "faction" to gain control over the national polity, unlike the states, which Madison, at least at that time, viewed as little more than cesspools of faction. [read post]
Lopez, Tax Rulings and State Aid: Now or Never, in Guest State aid blog, 27.11.2014, accessible at: https://www.lexxion.eu/en/stateaidpost/tax-rulings-and-state-aid-now-or-never/. [read post]
3 Nov 2011, 8:45 am by Gritsforbreakfast
" So it's possible this case may be decided in favor of the state without causing too much damage. [read post]