Search for: "Brown v. Bernstein" Results 1 - 20 of 85
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23 Apr 2012, 2:00 pm by Orin Kerr
(Orin Kerr) A few days ago, David Bernstein mentioned David Schraub’s post explaining his disagreement with my view questioning the propriety of Judge Brown’s concurring opinion calling for a return to Lochner in Hettinga v. [read post]
30 Apr 2015, 9:05 pm by Walter Olson
Circuit, Janice Rogers Brown’s concurrence in Gross v. [read post]
8 Aug 2016, 10:27 am by David Bernstein
If ever a case was destined to undermine the power of tradition in American constitutional law, Brown v. [read post]
3 Aug 2017, 4:30 am by Ben
Judge Brown also denied the motion to dismiss Barre's false endorsement and Louisiana Unfair Trade Practices Act claims, but did dismiss a claim for unjust enrichment. [read post]
19 Nov 2013, 12:21 pm by David Bernstein
No matter, says Millhiser, at some point there were pleasant surprises as Justices appointed by FDR and beyond protected the rights of African Americans in cases like Brown v. [read post]
15 Mar 2012, 2:04 pm by David Bernstein
As for Hand, true to his Progressive (as in the early 20th century Progressive movement) ideology, his valedictory lectures at Harvard Law School in the late 1950s denounced Brown v. [read post]
29 Jun 2017, 9:41 am by David Bernstein
Wednesday, I discussed how Nancy MacLean at best wildly exaggerated the influence of John Calhoun’s thought on modern libertarianism (further elaboration from Phil Magness here) and how she asserted that a libertarian author who praised Brown v. [read post]
1 Jun 2011, 11:08 pm by David Bernstein
(David Bernstein) In comments to some of my recent posts, some commenters have suggested that few people nowadays get especially worked up about Lochner v. [read post]
13 Jul 2011, 9:43 pm by Josh Blackman
We did not imply that Breyer would vote to roll back Brown v. [read post]
24 Oct 2012, 6:52 pm by David Bernstein
Among the cases in this category are Lopez, Morrison, Boy Scouts v. [read post]
24 May 2010, 6:36 am by David Bernstein
Wagner was willing to remove an antidiscrimination provision from the Wagner Act to placate the AFL, which wanted to use its new power to exclude blacks, FDR was unwilling to support anti-lynching legislation, and so on (more examples can be found in my Only One Place of Redress book)—and 1964, when a significant majority of the white public supported Brown v. [read post]