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20 May 2014, 6:08 am by Bruce Ackerman
(For a recent reevaluation, see Thomas Colby's essay in Northwestern Law Review.)Taken in their own terms, the coercive Article Five exchange between Congress and the states does not establish the constitutional "quality" of the Fourteenth Amendment. [read post]
9 Sep 2012, 9:02 pm by The Charge
  In law school parlance, the recent case concluded that consent is not available as a shield for certain criminal defendants. [read post]
14 Jan 2007, 9:03 pm
This post provides a very brief introduction to "originalism" that is aimed at law students (especially first-year law students) with an interest in legal theory. [read post]
30 Jun 2021, 8:38 am by Eugene Volokh
From the majority: Under Texas state law, public school districts must require students to recite the United States Pledge of Allegiance … every school day. [read post]
16 Feb 2014, 9:34 am by Eric Goldman
A: Yale Law School ____ Q: Who said “ingenuity should receive a liberal encouragement”? [read post]
25 Oct 2023, 9:01 pm by Vikram David Amar
Eventually, even James Madison and Thomas Jefferson repudiated their earlier Republican allies and came to agree with their Federalist counterparts on this issue. [read post]
16 Apr 2017, 6:00 am by Guest Blogger
  The new national government could raise taxes without recourse to the states and enact legislation for the common defense and general welfare that was paramount over state law including their constitutions. [read post]
19 Jan 2016, 4:38 am by Neil Kinkopf
He has done landmark work advancing the unitary executive theory of presidential power, co-authoring what remains the leading law review article on the subject while still a law clerk. [read post]
3 Jul 2022, 7:15 am by Jae Um
If law is the primary domain of lawyers, then it follows that the arcane complexities of constitutional law should remain the exclusive domain of exceptional legal scholars. [read post]
12 Mar 2010, 9:26 am by ToddHenderson
Campaign finance laws may be a rough substitute. [read post]
5 Oct 2018, 6:00 am by Guest Blogger
  As Vice President from 1789–1797, John Adams cast twenty-nine tiebreaking votes;[16] none of those related to the appointment of Presidential nominees.[17]  Between 1797 and 1801, Thomas Jefferson cast three tie-breaking votes,[18] and none of those related to the appointment of Presidential nominees.[19]  Nor did Vice President Aaron Burr cast any tiebreaking votes on nominees between 1801 and 1805.[20]  Vice Presidents, nevertheless, have since… [read post]
11 Jan 2012, 3:38 am by Russ Bensing
Jefferson that a lawyer had rendered ineffective assistance by failing to file a motion to suppress a GPS search. [read post]
12 Jul 2012, 7:30 am by W.F. Casey Ebsary, Jr.
Thus, In the absence of a mens rea requirement, delivery of cocaine it is a strict liability crime under Florida law. [read post]
17 Mar 2007, 6:23 pm
Thomas Jefferson was our virtual host on Independence Day, 2005. [read post]
23 Jan 2013, 1:02 am by W.F. Casey Ebsary, Jr.
” See Thomas Jefferson Univ., 512 U.S. at 512 (deferring to “an agency’s interpretation of its own regulations”). [read post]
23 Jan 2013, 1:02 am by W.F. Casey Ebsary, Jr.
” See Thomas Jefferson Univ., 512 U.S. at 512 (deferring to “an agency’s interpretation of its own regulations”). [read post]
18 Apr 2011, 2:29 pm by David Kopel
Having passed the bar exam even before he graduated from the University of Missouri Law School, Volkmer quickly entered public service, first as an Assistant Attorney General for the State, and then in the United States Army. [read post]