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14 Mar 2025, 8:55 am by Lawrence Solum
All three approaches—formalism, functionalism, and nonfunctionalism—reared their heads in the Court’s June 2024 decision in Moore v. [read post]
16 Jun 2010, 3:36 am by Russ Bensing
”  This was based on language from last year’s US Supreme Court decision in Herring v. [read post]
22 Sep 2009, 6:30 am
Finally, an example of how the use of the privileges and immunities clause might give a more principled and secure protection for established rights is illustrated by the application of the clauses to a "right of family life" that would replace the substantive due process approach used in Moore v. [read post]
24 May 2016, 3:57 am by SHG
Moore (suspect was first to deplane) with United States v. [read post]