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17 Jul 2020, 9:46 am by Stephen Griffin
  In the process the article raises questions about how we should understand the scope of the achievement of those who sponsored and ratified the Reconstruction amendments.In the last part of “Optimistic Originalism” I discuss why Brown is commonly viewed as a “living constitutionalist” opinion (Here and elsewhere in these posts I put living constitutionalism in scare quotes because I think the real issue is how to understand the process of constitutional change… [read post]
7 Jun 2007, 11:26 am
Involuntary Term. of Parent-Child Rel. of K.T. and Dennis Brown v. [read post]
19 Nov 2010, 9:25 am by David Post
The folks over at Mayer Brown, with the Yale Supreme Court clinic, are (more or less) trying to do that; they have submitted a petition for certiorari in the Roberts v. [read post]
19 Apr 2021, 5:04 am by David Oscar Markus
” As our country’s experience with stop-and-frisk vividly demonstrates, however, for police, reasonable suspicion is too often synonymous with being a Black or brown person in public.The practice of racially profiling Black drivers was effectively endorsed by the Court in the 1996 ruling in Whren v. [read post]
16 Jun 2023, 9:30 pm by ernst
Historians appear prominently in the Supreme Court's decision in Haaland v. [read post]
19 Feb 2009, 12:14 pm
Lord Rodger agreed with Lord Hope, Lord Scott and Lord Brown. [read post]
27 Sep 2013, 5:55 am
Scott Mitchell: `I know . . . [read post]