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22 May 2014, 7:44 am by Bruce Ackerman
If civil rights lawyers begin invoking the principles elaborated and consolidated by popular spokesmen like Lyndon Johnson and Hubert Humphrey and  Richard Nixon and Everett Dirksen, and not only depend on the opinions of the Warren and Burger Courts, these justices may begin to embrace an originalist framework that provides this great legacy with a solid foundation in popular sovereignty.Supreme Court litigators have one overriding objective: getting five votes on their side. [read post]
20 May 2014, 6:08 am by Bruce Ackerman
 This fixation on the Warren and Burger Courts is a symptom of a larger dis-ease: Whether you are a judge or an advocate, a bureaucrat or a legislative counsel, the place to begin your study of the modern Constitution is with the great decisions of a long line of Justices from Holmes to Scalia. [read post]
2 May 2014, 5:31 pm by Guest Blogger
Board and that “during the 1950s . . . the Warren Court was the only branch of government asserting constitutional leadership,” but I think President Truman helped to lay the groundwork with his executive orders, the President’s Committee on Civil Rights and the other commissions he appointed, his Justice Department’s participation amicus curiae in Shelley v. [read post]
2 May 2014, 5:31 pm by Guest Blogger
Board and that “during the 1950s . . . the Warren Court was the only branch of government asserting constitutional leadership,” but I think President Truman helped to lay the groundwork with his executive orders, the President’s Committee on Civil Rights and the other commissions he appointed, his Justice Department’s participation amicus curiae in Shelley v. [read post]
1 May 2014, 5:00 am by JB
  But a framework statute is a (more or less) direct expression of lawmaking by the political branches. [read post]
20 Feb 2014, 4:08 am
In his view:* SKU had indeed shown genuine use of its earlier marks, both through use made of it by BSKF and by the UKSKF online and on clothing sold at its branches. [read post]
4 Nov 2013, 9:46 am by Jane Chong
Over the last month, on our New Republic: Security States newsfeed, we rolled out a series designed to explain why fairly allocating the costs of software deficiencies between software makers and users is so critical to addressing the growing problem of vulnerability-ridden code—and how such a regime will require questioning some of our deep-seated beliefs about the very nature of software security. [read post]
11 Jan 2013, 8:01 am by Rory Little
  (That doctrine began with Justice Brennan’s 1972 Warren-era decision in Barker v. [read post]
27 Dec 2012, 9:01 pm by John Dean
  This problem has become acute for the Judicial Branch. [read post]
10 Sep 2012, 9:06 pm by Prof. Akhil Reed Amar, guest-blogging
Here is what I say about this precise topic in Chapter 4 of my new book, in my discussion of the landmark Warren Court opinion of New York Times v. [read post]
20 Aug 2012, 11:19 am by Barry Friedman
   At the same time, Bickel felt all the hope and promise of the Warren Court, especially that reflected in Brown v. [read post]
20 Aug 2012, 8:17 am by Sanford Levinson
  To be sure, Bickel was more than willing  to defend Brown v. [read post]