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20 May 2010, 7:03 pm by David Bernstein
And by the way, many of the leading advocates of civil rights for African Americans in the late 19th and early 20th century, including many of the radical Republicans, Frederick Douglass, Moorefield Storey, and even Justice John Marshall Harlan, would be considered, if not libertarians, at least libertarian fellow travelers on today’s ideological spectrum. [read post]
15 Nov 2024, 4:47 am by Weronika Galka
David Feliba, Samantha Schmidt, Maxine Joselow, and Chico Harlan report for the Washington Post. [read post]
11 Oct 2009, 9:47 pm
[3] Ekkehart Boehmer and Julie Wu, Short Selling and theInformational Efficiency of Prices, Social Science Research Network, Jan. 8,2009, available at [ssrn.com] [4] Harlan D. [read post]
10 Feb 2012, 9:20 am by David Gray
  By contrast, the timing of Jones could not have been better for most of us, who were set to teach the two-prong test from Harlan’s Katz concurrence that week. [read post]
25 Jan 2025, 9:53 pm by Josh Blackman
He has not recused from cases tangentially connected to Harlan Crow, because Crow was not a party, and there is no rule that you must recuse because a friend may be affected by a case. [read post]
25 Oct 2018, 8:42 am by Andrew Hamm
To reduce the number of conscientious objectors, Capozzola explained, the War Department established a Board of Inquiry, a three-person body that included the future Chief Justice Harlan Fiske Stone. [read post]
15 May 2015, 10:18 am by Kali Borkoski
Brandwein noted that Justice Harlan took the radical stance in his dissent in The Civil Rights Cases, arguing that public accommodations were a matter of civil right. [read post]
15 Sep 2016, 8:06 am by James Bopp and Richard Coleson
Absent such restricting rules, courts may (per Justice John Marshall Harlan) “roam[] at large in the constitutional field. [read post]
16 Jun 2024, 6:00 am by Lawrence Solum
Introduction In many ways, the "Legal Process" approach to positive and normative legal theory dominated American legal thought in the second half of the twentieth century. [read post]
15 Oct 2013, 9:01 pm by Sherry F. Colb
Ohio, there appeared to be an important substantive difference between arrests and stops, a difference made more explicit in the concurring opinion of Justice Harlan:  Stops on the basis of reasonable suspicion represented a departure from the “probable cause” norm, and such stops were justified in part because of the important governmental interest in protecting the public and the officers themselves from danger before any crime has occurred. [read post]
10 Jan 2007, 11:21 am
Harlan Fiske Stone, a former dean of Columbia Law School, was a case in point. [read post]
1 Dec 2020, 3:44 am by Comunicaciones_MJ
Harlan, hijo del exjuez asociado de Tribunal Supremo de Estados Unidos, John Marshall Harland. [read post]
10 Aug 2017, 11:12 am by Daniel Tokaji
Justice John Marshall Harlan II’s opinion for the court remarked that “the freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech. [read post]
3 Feb 2008, 11:04 am
  Harlan, Stewart and Clark dissented. [read post]
7 Apr 2023, 3:28 am by Seán Binder
The conservative justice accepted almost yearly luxury trips from Texas real estate magnate Harlan Crow for two decades without disclosing them. [read post]
19 Mar 2020, 7:31 am by MBettman
Harlan, 13 Ohio St. 485 (1862) (Referring to “transcript of the proceedings” as those before a court or other adjudicative body.) [read post]
1 Jun 2022, 5:01 am by Eugene Volokh
Slippery slopes are, I will argue, a real cause for concern, as legal thinkers such as Madison, Jackson, Brennan, Harlan, and Black have recognized, and as our own experience at least partly bears out: we can all identify situations where one group's support of a first step A eventually made it easier for others to implement a later step B that might not have happened without A (though we may disagree about exactly which situations exhibit this quality). [read post]
29 Apr 2010, 5:17 am by Matt Sundquist
 In an oft-quoted dissent, Justice Harlan emphasized that the Court should not be deterred from making the constitutional judgment which this case demands by the prospect that the day may come when television will have become so commonplace an affair in the daily life of the average person as to dissipate all reasonable likelihood that its use in courtrooms may disparage the judicial process. [read post]