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3 Oct 2019, 9:01 pm by Vikram David Amar
As you say, it is possible Virginia is collecting data for its own internal research purposes (or perhaps facilitating outside scholars’ research), but even you would want to see a court insist that Virginia actually demonstrate this was the sincere purpose behind the racial question.And this mid-level judicial scrutiny (perhaps aptly named “rational basis review with bite”) has some intuitive appeal. [read post]
28 Aug 2019, 7:20 am by David Post
Last week, the 10th Circuit Court of Appeals weighed in on this "faithless elector" question in its opinion in Baca v. [read post]
14 May 2019, 7:29 am by Andrew Hamm
Goldwater’s blunt statements frightened a lot of Americans, while Nixon’s carefully crafted persona as a sensible and reliable conservative made him more appealing than Goldwater to centrists and liberal Republicans (who did exist at the time). [read post]
7 May 2019, 9:01 pm by Sherry F. Colb
Last month, the US Court of Appeals for the Sixth Circuit issued a surprising ruling. [read post]
16 Apr 2019, 4:30 am by David Oscar Markus
The TTAB stressed that consideration of the constitutionality of Section 2(a) was beyond the scope of jurisdiction of the TTAB.On appeal, the U.S. [read post]
15 Apr 2019, 1:44 pm by Mark Walsh
California, Harlan (and mostly Krattenmaker, by his account) wrote the opinion for the court that said the anti-draft message on the jacket was protected from criminal prosecution by the First Amendment. [read post]
25 Mar 2019, 2:33 am by Vin Bonventre
John Marshall Harlan Dissented in Plessy A strong dissenting opinion is something to celebrate. [read post]
17 Jan 2019, 9:00 pm by DONALD SCARINCI
Justice Harlan further wrote: Against this perception of the constitutional policies involved, we discern certain more particularized considerations that peculiarly call for reversal of this conviction. [read post]
15 Jan 2019, 8:17 am by DONALD SCARINCI
Justice Harlan further wrote: Against this perception of the constitutional policies involved, we discern certain more particularized considerations that peculiarly call for reversal of this conviction. [read post]
30 Dec 2018, 6:28 am
Dissents: Burger, Harlan, Blackmun]. [read post]
28 Nov 2018, 11:11 am by Adam Feldman
As the figure confirms, Brennan is close to the center, with other active justices, including Frankfurter, Justice John Marshall Harlan II, Rehnquist, and Chief Justice Harlan Fiske Stone, also in the middle. [read post]
24 Oct 2018, 2:00 am by DONALD SCARINCI
 They were ultimately convicted; however, the Ninth Circuit Court of Appeals reversed the judgment of conviction and granted a new trial. [read post]
16 Oct 2018, 8:17 am by Andrew Hamm
Question: You write of Justice John Marshall Harlan’s famous solo dissent in Plessy v. [read post]
14 Sep 2018, 9:32 am by Anthony Gaughan
Harlan sidestepped questions (from pro-segregation senators) regarding the Brown v. [read post]