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13 Jul 2024, 6:30 am by Guest Blogger
Supreme Court did not invalidate a state anti-miscegenation law until 1967 in the famous case of Loving v. [read post]
17 Feb 2011, 5:48 pm by Lawrence Solum
Here is the abstract: Stare decisis is an important doctrine with deep roots in the common law. [read post]
15 Oct 2013, 8:01 am by Amy Howe
  Cheever pushes back against the state’s reading of Buchanan v. [read post]
7 Sep 2009, 6:10 am
The Court's foray into the constitutional right of association began a generation earlier, in its 1958 decision, NAACP v. [read post]
25 Sep 2011, 10:15 pm by Walter Olson
Cato-intensive edition: David Bernstein’s Rehabilitating Lochner, recently praised by George Will, is part of Cato series challenging constitutional law myths [Roger Pilon, earlier; Bernstein's recommended-books list] Constitutional conservatism: the forgotten history [Johnathan O'Neill, Heritage] “Progressive originalism” a development to be welcomed, but faces uphill slog [Damon Root, Reason] Tim Lynch: constitution is too hard to amend ["Amending… [read post]
14 Mar 2007, 3:27 pm
The second is not so firmly rooted and applied to "egregious and criminal conduct". [read post]
12 May 2009, 3:02 am
Constitution does not guarantee a right to assisted suicide -- a right that, though it existed in the Netherlands, was, in the view of the Court, alien to American tradition.In the years following Glucksberg, moreover, Souter cast his vote in favor of judgments that enforced constitutional rights found to be both rooted in U.S. tradition and consistent with contemporary practice in countries that share the United States' commitment to fundamental rights. [read post]
24 Mar 2014, 5:41 am by Amy Howe
Briefly: In Newsweek, Ian McDougall looks ahead at the issues in United States v. [read post]
26 Oct 2013, 8:08 am
  There is a dual purpose here--the principal one, of course, is to root out the culture of corruption within the state ministries. [read post]
26 Jul 2017, 4:05 pm by INFORRM
It is also a liberal principle with deep roots in protecting the individual against the state and its collectivist power. [read post]