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28 Dec 2019, 9:51 pm by Guest
As I discuss in The Spirit of the Constitution, New Deal historiographers made a concerted effort to argue that the Court’s Lochner jurisprudence represented an anomaly, utterly discontinuous with a consistent line of jurisprudence dating back to John Marshall. [read post]
4 Apr 2024, 6:32 am by Michael C. Dorf
The Federalist-packed Marshall Court had an arguably partisan agenda too. [read post]
1 May 2012, 8:46 pm by Edward A. Fallone
Chief Justice John Marshall set the guiding principles of Commerce Clause jurisprudence when he wrote, in Gibbons v. [read post]
23 Jun 2016, 3:25 pm by Gabriel Chin
United States,, a reversal initially affirmed by an equally divided court with Justice John Marshall Harlan II not participating. [read post]
3 Jun 2021, 9:01 pm by Leslie C. Griffin
He was joined by John Minor Wisdom, named by Eisenhower to the court in 1957, and John Milton Bryan Simpson, who was also nominated by Johnson in 1966. [read post]
8 Apr 2011, 3:50 am by SHG
  As my pal Mike Cernovich notes on a completely different subject: When Chief Justice John Marshall of the United States Supreme Court issued an opinion Supreme Alpha Male Andrew Jackson didn't like, Jackson replied, "John Marshall has made his decision, now let him enforce it! [read post]
13 May 2010, 10:08 am by Erin Miller
 Some candidates being mentioned include: White House lawyer Donald Verrilli and Deputy Solicitor General Neal Katyal (CNN) Washington Governor Christine Gregoire (National Journal, Seattle Times) In non-nomination news: At the Volokh Conspiracy, John Elwood predicts a summary reversal in Jefferson v. [read post]
15 Jan 2016, 8:58 am by familoo
Thurgood Marshall to litigate it and humiliate the Kansas rednecks. [read post]
10 Jul 2012, 2:11 pm by Edward A. Fallone
  By focusing on James Wilson, Alexander Hamilton, and John Marshall, he presents an originalist argument in favor of a broad construction of the Necessary and Proper Clause. [read post]
10 Jul 2012, 2:11 pm by Edward A. Fallone
  By focusing on James Wilson, Alexander Hamilton, and John Marshall, he presents an originalist argument in favor of a broad construction of the Necessary and Proper Clause. [read post]