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23 Sep 2020, 6:30 am by Mark Graber
  My allegedly forthcoming work maintains that John Bingham was the only Republican who really cared about Section One of the Fourteenth Amendment, Section One adds little to the Thirteenth Amendment, which was understood as an empowerment (are you listening Democrats in Congress) rather than as a constraint (are you listening John Roberts), and that few persons other than Bingham thought the privileges and immunities clause incorporated the Bill of Rights (there goes… [read post]
21 Sep 2020, 6:43 am by INFORRM
Balancing competing rights Irish defamation cases are increasingly replete with comments stating the need to balance the constitutional right to freedom of expression with the constitutional right to a good name. [read post]
4 Sep 2020, 3:58 am by CMS
  The Supreme Court held that Gardner v Parker was wrongly decided. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
(2015) Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015) Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016) Tara Smith, Judicial Review in an Objective Legal System (2015) Ilya Somin, The Grasping Hand: Kelo v. [read post]
7 May 2020, 6:30 am by Guest Blogger
  After all, in 1841 we get the first of the Supreme Court’s slavery point-counter points in United States v. [read post]
8 Jan 2020, 4:28 am
"Lord Bingham identified two stages in the enquiry: (1) whether the evidence is assumed (provisionally) to be true, and if so, legally admissible; and (2) whether evidence or some of it (and if so which parts of it), which ex hypothesi is legally admissible, should be admitted. [read post]
25 Sep 2019, 4:41 pm
”   A v Secretary of State for the Home Department [2005] 1 AC 68, Lord Bingham. [read post]
22 Jun 2019, 6:54 pm by Eugene Volokh
" ACLU of RI cooperating attorney Labinger stated: "The internet can be full of intemperate and uncomfortable discussions. [read post]
20 Jun 2019, 4:00 am by Xavier Beauchamp-Tremblay
(I’m very pleased to welcome Antoine Dusséaux from Doctrine as a guest contributor on this post. [read post]
11 Jun 2019, 6:30 am by Mark Graber
  Chief Justice William Howard Taft in Meyers v. [read post]
18 Apr 2019, 2:22 am by ASAD KHAN
Parties’ submissions Firstly, Mr Robinson submitted that the line of authority beginning with Onibiyo [1996] EWCA Civ 1338 – which established that it was for the Secretary of State to decide whether further submissions constituted a fresh claim giving rise to a right of appeal – did not survive the Supreme Court’s decision in BA (Nigeria) [2009] UKSC 7. [read post]
15 Apr 2019, 5:08 am by Eugene Volokh
City of Dallas, 493 U.S. 215, 240 (1990) (reaffirming this principle as to “prior restraint[s] in advance of a final judicial determination on the merits”); State v. [read post]
” (Quoted in para 44 (v) of Lord Kerr’s judgment) In the event a decision was made on 11 July 2011 that a public inquiry would not be conducted. [read post]
24 Mar 2019, 6:30 am by Dan Ernst
Bingham’s colleagues in the Thirty-Ninth Congress were well-informed about, and shared a consensus view of, Article IV, Section 2 and cases like Corfield v. [read post]
A second opinion concluded that Y was in a vegetative state and that there was no prospect of improvement. [read post]