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18 Sep 2007, 8:37 am
  This tired argument is totally unconvincing, but it passes for "legal reasoning" in places like Indiana (Morrison v. [read post]
12 Sep 2007, 8:48 am
In 1989, as a prosecutor, Alito denounced the 1988 ruling Morrison v. [read post]
4 Sep 2007, 8:32 am
The Court has now docketed District of Columbia v. [read post]
4 Sep 2007, 4:57 am
Some, including Justice Scalia in the 2004 case Hamdi v. [read post]
29 Aug 2007, 7:47 pm
But, in examining the seven factors used to assess punitive effect, the court does not discern an adequate distinction between § 4248 and the law examined in Kansas v. [read post]
20 Aug 2007, 5:00 am
As a matter of doctrine, the Supreme Court settled this question, decisively rejecting the unitary executive theory in Morrison v. [read post]
18 Aug 2007, 6:50 am
This makes his version of originalism very different from conservative originalisms that seek to use judicial review to limit federal power in cases like Seminole Tribe, Lopez, Morrison and Printz. [read post]
10 Aug 2007, 1:55 am
Does he believe that Lopez and Morrison were correctly or incorrectly decided? [read post]
20 Jul 2007, 12:43 am
Congress therefore would be left with the other enforcement options I outlined in my previous post.I don't have time to post about the merits of the OLC Opinion, which was signed by Ted Olson when he was head of the Office (but, notably, published before Morrison v. [read post]
5 Jul 2007, 7:12 am
Morrison, Suspension and the Extrajudicial Constitution, 107 Colum. [read post]