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15 Aug 2021, 6:30 am
Pfander, Cases Without Controversies: Uncontested Adjudication in Article III Courts (Oxford University Press, 2021).Robert PushawJim Pfander has marshaled substantial historical evidence that reinforces a thesis I set forth long ago: The modern Supreme Court has erroneously asserted that Article III, as originally understood, used “Cases” and “Controversies” synonymously to establish a requirement of “justiciability” that limits… [read post]
12 Aug 2021, 10:18 pm
Michigan used a strange system where a single judge served as a one-man grand jury, and then presided over a criminal contempt trial for a witness who perjured himself before that one-man grand jury. [read post]
12 Aug 2021, 1:40 pm
Government evaluators must consider all quotation language in its totality, as well as the context in which the language is used. [read post]
12 Aug 2021, 6:30 am
Instead of relying on Marshall and Story, modern day lawyers listen to Brandeis and Frankfurter. [read post]
Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge
12 Aug 2021, 5:01 am
In his opinion for the majority, Justice John Marshall Harlan recognized that the Fourteenth Amendment does impose some limits on the police power of the states, reasoning that the “power of a local community to protect itself against an epidemic ... might be exercised in particular circumstances and in reference to particular persons in such an arbitrary, unreasonable manner, or might go so far beyond what was reasonably required for the safety of the public, as to authorize or… [read post]
11 Aug 2021, 10:57 am
Of consequence whatever doubts some of us may entertain, he who entertains none, woud not be & ought not to be influencd by that argument. [read post]
11 Aug 2021, 6:30 am
” (p.228) “Constructive,” here, “means useful and forward-looking. [read post]
10 Aug 2021, 10:47 am
The court’s argument schedule was not interrupted, however, as the justices moved to a nearby courthouse used by the U.S. [read post]
10 Aug 2021, 2:32 am
Madeline Marshall and Melissa Hirsch for Vox offer an explanation about why the undocumented immigrant population in the United States has increased from about five million in the mid-1990s to an estimated eleven million today. [read post]
9 Aug 2021, 1:12 pm
Schools should use technology to serve students, rather than using it as a tool to discipline them. [read post]
9 Aug 2021, 9:10 am
Event Announcements (More details on the Events Calendar) Tuesday, August 10, at 10:00 a.m.: The Senate Foreign Relations Subcommittee on Near East, South Asia, Central Asia, and Counterterrorism will hold a hearing on U.S. security assistance in the Middle East. [read post]
6 Aug 2021, 7:00 am
Marshals Service officers that prohibited them from dispersing, arresting, and using excessive force against press and legal observers. [read post]
6 Aug 2021, 4:15 am
John Marshall has made his decision; now let him enforce it. [read post]
6 Aug 2021, 4:06 am
Justice John Marshall Harlan, writing for court’s majority, concluded that states under their general police powers had the ability to enact vaccine laws to protect citizens. [read post]
5 Aug 2021, 6:00 am
Photo by Flickr user NASA’s Marshall Space Flight Center. [read post]
4 Aug 2021, 6:24 pm
So did John Marshall. [read post]
4 Aug 2021, 12:49 pm
Two detectives contacted us regarding cases involving a timeshare fraud scheme. [read post]
3 Aug 2021, 2:22 pm
SORRAC”) decided in the SCC just six years ago by now retired Justice Marshall Rothstein. [read post]
3 Aug 2021, 9:00 am
The first case that Thurgood Marshall ever argued before the Supreme Court was an interracial rape case. [read post]
2 Aug 2021, 12:23 pm
The Marshall Islands became independent in 1979, but we continue to have a Compact of Free Association with them; they use the dollar as their currency, we provide their defense, they use the FCC and the U.S. [read post]
