Search for: "Brown v. McGinnis" Results 1 - 20 of 28
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29 Jun 2015, 9:18 pm by Walter Olson
Go for clarity rather than depth of feeling, advises Paul Horwitz [PrawfsBlawg] Re: AMK’s revival of substantive due process, warns John McGinnis, libertarians should be careful what they wish for [Law and Liberty] Tags: judges, same-sex marriage, Supreme CourtWhat Anthony Kennedy could have learned from Brown v. [read post]
13 Oct 2013, 8:45 am by Ilya Somin
These include the reality that most blacks and virtually all women were excluded from the political processes that produced the original meaning of the most important parts of the Constitution, the claim that Brown v. [read post]
8 Dec 2011, 2:55 pm by JB
Steve Calabresi and Julia Rickert's new article, Originalism and Sex Discrimination, attempts to do for the 1970s sex equality decisions what Michael McConnell's 1995 article, "Originalism and the Desegregation Decisions," did for Brown v. [read post]
6 Apr 2020, 2:59 am by Walter Olson
” A First Amendment botch that SCOTUS should correct [Ilya Shapiro and Michael Collins on Cato Institute brief] “Reviving the Contract Clause: An Acid Test for Originalism” [John McGinnis] “Indiana Supreme Court Applies Eighth Amendment to Curb ‘Oppressive’ Asset Forfeitures” [Ilya Somin in November; earlier on Timbs v. [read post]
4 Apr 2022, 4:30 am by Eric Segall
" Originalism should play such a role, according to McGinnis, because, among other things, Roe v. [read post]
23 May 2011, 12:35 pm by Walter Olson
Alas, my chapter on institutional reform litigation in Schools for Misrule has proved only too relevant to the headlines: In today’s 5-4 Brown v. [read post]
2 Feb 2010, 8:06 am by Ian Bartrum
  How is it, for example, that Brown v. [read post]
20 May 2014, 6:08 am by Bruce Ackerman
McGinnis claims that “a constitutional moment fails to offer the certainty and indicia of quality conferred by the amendment process. [read post]
9 Apr 2014, 11:56 am
Will Baude: When a change in constitutional practice is legally invalid Week 9: Culture and Amendments (Meese, McGinnis & Rappaport, etc.) [read post]
14 Feb 2016, 3:21 pm by Walter Olson
Dukes; On racial preferences and the case against the Court’s flawed Hunter/Seattle line of cases on when democratic processes are supposedly unfair to minorities; On his opposition to cameras in the courtroom; From his dissent in Brown v. [read post]