Search for: "Root v. State"
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27 Nov 2023, 4:00 am
Whenever I teach the federalism portion of my first-year constitutional law course, at least one cynical (but clever) student observes that the juxtaposition between United States v. [read post]
13 Jun 2023, 4:05 am
” The ULJ further stated that “[w]hen looking at the totality of the circumstances, Goede’s belief that COVID-19 vaccines are not okay to put in her body is a personal belief not rooted in religion. [read post]
7 Nov 2014, 5:52 am
By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
14 Feb 2019, 11:25 am
Textually, I argue, the Indian Commerce Clause and Indians Not Taxed Clause serve as express authorization for Congress to create legal classifications based on Indian race and ancestry, so long as those classifications are not arbitrary, as the Supreme Court stated a century ago in United States v. [read post]
28 Apr 2020, 5:17 am
I argue that, textually, the Indian Commerce Clause and Indians Not Taxed Clause serve as express authorization for Congress to create legal classifications based on Indian race and ancestry, so long as those classifications are not arbitrary, as the Supreme Court stated a century ago in United States v. [read post]
11 Jul 2022, 8:30 am
Here is the third of three sets of discussion questions on Dobbs v. [read post]
19 Jul 2010, 5:06 am
" State v. [read post]
16 Oct 2006, 9:44 pm
KSR v. [read post]
27 Jun 2022, 2:05 pm
The majority opinion in New York State Rifle & Pistol Association v. [read post]
20 Mar 2024, 9:01 pm
Texas v. [read post]
7 Jan 2016, 8:25 am
Here in Wisconsin, it is rooted in the Article IX, § 1 of the state constitution, which itself borrowed heavily from the Northwest Ordinance of 1787. [read post]
29 Jun 2024, 7:27 am
In Swett v. [read post]
1 Dec 2023, 10:14 am
Regardless of the fate of the SEC rule, we may turn to the root rationale behind the inclusion of federalism in the American system: Limiting conflict between the states. [read post]
5 Mar 2014, 9:27 am
I imagine future litigants will root around for additional purported damages to overcome that element. [read post]
29 May 2018, 9:01 pm
Expense Bd. v. [read post]
8 May 2013, 10:00 am
United States. [read post]
1 Feb 2016, 7:05 am
That is what the Court of Appeals is telling us in a ruling that vacates a conviction for unlawful possession of a firearm.The case is United States v. [read post]
5 Mar 2015, 7:32 am
The Court of Appeals gives it back.The case is Newton v. [read post]
19 May 2011, 9:30 am
Piccolo v. [read post]
15 Jun 2011, 7:47 am
On Monday in United States v. [read post]
