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14 Jun 2022, 6:30 am by Guest Blogger
  But Dinan focuses on something even more important about most of the states: With only one exception (Delaware), they reject what Madison was so proud of in Federalist 63, i.e., the removal from “we the people” of even an iota of an ability to engage in direct governance. [read post]
13 Sep 2023, 5:38 am by Stephen E. Sachs
(It also depends on whether legislatures can rescind their ratifications, as some may have done; for more on that, see Michael Stokes Paulsen's General Theory of Article V.) [read post]
31 Oct 2007, 8:53 am
Madison, that it is the power and duty of the Supreme Court to say what the Constitution means. [read post]
22 Dec 2011, 11:59 am by Bexis
  All this in a state – Illinois – where the highest court forbids FDCA-based common-law causes of action (see Martin v. [read post]
29 Oct 2014, 4:16 pm by Amul Kalia
More importantly, it was reportedly frustration with the British resolution of 1785 authorizing the Department of Foreign Affairs to open and inspect any mail related to the safety and interests of the United States that led James Madison, Thomas Jefferson and James Monroe to write to each other in code.In fact, in the 1999 decision throwing out the government’s export regulations on encryption in EFF’s case Bernstein v. [read post]
7 Feb 2010, 6:05 am by John Hochfelder
Madison Square Garden Center, Inc. (1st Dept. 2001) - $400,000 for 15 year old boy comminuted elbow fracture Boinoff v. [read post]
2 Jul 2010, 6:15 pm by carie
Then, both sides can ask questions and take turns dismissing jurors using what are called peremptory strikes (the number of strikes varies by state, but it is often enough for one side to eliminate all qualified minorities).In a 1986 case, Batson v. [read post]
5 Jun 2012, 9:49 am by boston
”Americans United filed a friend-of-the-court brief in this case, Sherman v. [read post]
Berger also looks at Madison’s notes of the Constitutional Convention and records of the state ratification conventions to determine how the Framers and ratifiers viewed the term. [read post]