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31 Jul 2020, 7:20 am by Ronald Collins
Judges were participants in the tradition and had to abide by its rules – both stated and unstated. [read post]
7 Jul 2020, 9:01 pm by Michael C. Dorf
As a justice, his dissents in Lochner v. [read post]
18 Jun 2020, 6:38 am by Linda McClain
He repeatedly uses terms like enlisting the state to “stamp out any subculture and make its members outcasts. [read post]
5 Jun 2020, 5:49 am by Riana Harvey
The author of the new work would have to contribute “something more than a ‘merely trivial’ variation” (Albert Bell v Catalda Fine Arts), such that it would make the derivative work “distinguishable from the [preexisting] work in some meaningful way” (Schrock v Learning Curve International). [read post]
28 Apr 2020, 6:30 am by Guest Blogger
Should the rules of constitutional amendment in Article V be interpreted strictly, even if this legalistic interpretation holds back the realization of equality embedded in the formative texts of the United States, including the Declaration of Independence, the Reconstruction Dismerberments, and the many franchise-expanding constitutional changes since then? [read post]
21 Apr 2020, 6:30 am by Guest Blogger
In Albert’s words, “did the first Congress and the ratifying states even have the right to tinker with the original text” (p. 231)? [read post]
20 Apr 2020, 6:30 am by Sandy Levinson
  Just as importantly, perhaps, states perturbed by the undoubtedly correct decision by the Supreme Court in Chisholm v. [read post]
19 Apr 2020, 9:00 pm by Vikram David Amar and Jason Mazzone
In spite of (or perhaps because of) the fact that the Supreme Court’s per curiam opinion two weeks ago in the Wisconsin election case, Republican National Committee (RNC) v. [read post]
17 Apr 2020, 6:30 am by Guest Blogger
Albert discusses the failure of the Equal Rights Amendment in the United States – a failure that ERA proponents are now attempting to rectify. [read post]
25 Mar 2020, 10:38 am by Jack Goldsmith, Ben Miller-Gootnick
That clause states that only an “Officer” may succeed and act as president. [read post]
13 Jan 2020, 3:00 am by Jack Sharman
Albert Camus, The Fall | Best known for The Stranger, French novelist Albert Camus (1913-1960) careens in and out of literary fashion. [read post]