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30 Aug 2011, 6:24 am
In my previous posts (here and here), I drew attention to the frequently neglected fact that there are, in effect, three Necessary and Proper clauses in the Constitution, and I sketched a number of claims about the origin and meaning of these clauses, highlighting the distinction between the Foregoing Powers and All Other Powers provisions. [read post]
20 Jan 2023, 6:30 am
One of the things that originalists understand and that Vermeule seemingly doesn't is that a democratic constitution is supposed to be an exercise of popular sovereignty, and that has to matter for its role in present political life. [read post]
12 Dec 2007, 6:53 pm
In light of the Supreme Court decision this week in Kimbrough v. [read post]
20 May 2014, 6:08 am
But don’t get carried away with such peripheral matters: your real job is to make the most out of the case-law. [read post]
13 Jun 2014, 7:35 am
A recently published decision, Mendoza v. [read post]
29 Dec 2021, 12:00 pm
In Milieudefensie et al. v. [read post]
31 Jan 2013, 9:01 pm
Although each member of Congress certainly has his or her own nuanced understanding of the Constitution, the model for constitutional interpretation for many conservatives on Capitol Hill is Justice Scalia, who is well known for his commitment to textualism—to applying the text of the document as “intelligent and informed people of the time” of the document’s enactment would have. [read post]
8 Apr 2024, 10:35 am
On July 17, 1998, one hundred and sixty nations adopted the Rome Statute, a treaty that established the International Criminal Court (“ICC”).[35] The ICC is a permanent court that does not replace national criminal justice systems but rather is an investigative court that only prosecutes when a nation is unable to or refuses to.[36] The ICC has jurisdiction over genocide, war crimes, crimes against humanity, and the crime of aggression.[37] The act of “intentionally… [read post]
4 May 2017, 6:48 am
”: The Story of Kirksey v. [read post]
31 Aug 2010, 5:00 pm
Today’s conservative high court justices have incrementally dismantled certain tenets of the free speech legacy of the Warren Court – what with their more than occasional disfavor for overbreadth challenges, their approval of public-forum restrictions via “content-neutral” time, place, and manner regulations, and the Robert Court’s more recent handiwork in Holder, Attorney General v. [read post]
3 Jun 2018, 9:26 pm
The Big Money Politics of Lincoln and Roosevelt The first Republican president, Abraham Lincoln, adopted the same practice with a vengeance. [read post]
10 Feb 2021, 5:00 am
” In the 1964 landmark case of Jacobellis v. [read post]
14 Jun 2019, 1:57 pm
Death in Copyright: Remarks on Duration by Abraham Drassinower, University of Toronto Faculty of LawWhat would a rights based account of duration look like? [read post]
17 Jul 2012, 2:58 am
By V. [read post]
8 Nov 2010, 4:32 pm
As the Privy Council said in Gleaner v Abrahams ([2004] 1 AC 628): “[Defamation] damages often serve not only as compensation but also as an effective and necessary deterrent. [read post]
25 Jun 2012, 8:29 am
Please forgive the detail but we fear some of those who decide these matters will not be aware of the real practical facts that may seem trivial but we, as practitioners, know make a real difference to the quality of justice. [read post]
13 Oct 2008, 4:01 am
Scott Greenfield of Simple Justice soberly shares “A Lawyer’s Lesson About Inflammatory Rhetoric“. [read post]
13 Jul 2022, 4:44 am
The Justice Department yesterday announced a task force aimed at identifying ways to protect reproductive rights in the wake of the Supreme Court decision overturning Roe v. [read post]
12 Oct 2009, 12:01 am
Take, for example, last week’s oral arguments before the Supreme Court in Salazar v. [read post]
7 Jul 2010, 11:07 am
Dear Friends:Just wanted to tell you about this case that was recently decided against Aurora Loan Services. [read post]
