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15 Aug 2014, 12:03 pm
Alabama in 1883… In his recent unpublished paper, “Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause,” Professor David Upham has produced the most far-reaching challenge to that conventional wisdom so far…. [read post]
14 Feb 2019, 2:36 pm by Howard Bashman
“The Court Should Tear Down Everson, Not the Maryland Cross”: David Upham has this post at the “Law & Liberty” blog. [read post]
8 May 2015, 3:19 pm by Bill Otis
David Upham of the University of Dallas notes that there would seem to be a lack of geographic diversity in the background of the members of the Supreme Court:All studied at Harvard or Yale Law School; almost all spent their pre-Court careers in the Boston-Washington axis of power, working for either the federal government or very prestigious law schools. [read post]
17 Aug 2014, 5:48 pm
In my recent Jotwell essay reviewing David Upham’s important new article on originalism and laws banning interracial marriage, I argued that Upham’s work effectively demonstrates that legal experts in the 1860s believed that the 14th Amendment bans anti-miscegenation laws, but is far less clear on the issue of whether ordinary citizens interpreted it the same way. [read post]
24 Feb 2014, 1:30 pm
I was quite impressed by the first paper we read there, “Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause,” by David Upham. [read post]
26 Jun 2015, 1:30 pm by Kali Borkoski
Ryan Anderson – The Heritage Foundation Erwin Chemerinsky – University of California, Irvine Mike Dorf – Cornell University Kyle Duncan – Duncan PLLC and counsel to amici supporting respondents Chris Green – University of Mississippi Steve Sanders – Indiana University Judith Schaeffer – Constitutional Accountability Center Gene Schaerr – Law offices of Gene Schaerr and counsel to amici supporting the respondents Paul Smith – Jenner & Block… [read post]
27 Jul 2011, 10:45 pm by Walter Olson
Wild hypotheticals were grist for complaint: “Widener law professor cleared of harassment charges” [NLJ, earlier here, here, here] Ninth Circuit: Facebook didn’t breach user’s right to accommodation of mental disability [Volokh] House Judiciary hearing on litigation and economic prosperity [Wajert] “University of Michigan to stop worrying about lawsuits, start releasing orphan works” [Cory Doctorow, BoingBoing] PBS airs “The Story Behind Wacky… [read post]
6 May 2015, 8:57 am by Greg Barnhart
“Takata knew a long time ago that ammonium nitrate had some undesirable characteristics,” Scott Upham told USA Today. [read post]
28 Apr 2015, 2:47 am by Amy Howe
  Commentary on the cases and oral arguments come from Noah Feldman for Bloomberg View, Marci Hamilton at Hamilton and Griffin on Rights, David Gans at the Constitutional Accountability Center’s Text and History Blog, Eric Segall at ACSblog, John Culhane at Politico Magazine, Bob Tuttle and Ira Lupu at Cornerstone, Adam Winkler at ACSblog, Joseph Mansilla at Adventures in Doctrinal Wonderland, David Upham at The Public Discourse, Karl Laird at Oxford Human… [read post]
24 Jun 2013, 5:02 pm by JB
(Although not directly on point, I should also mention David Upham's very interesting work on the original understanding of the Privileges or Immunities Clause and interracial marriage, and Steve Calabresi and Andrea Matthews' different approach to the same question based on original meaning.)I am not sure that Mike is entirely successful in showing that colorblindness was required by the original meaning of the Fourteenth Amendment, for reasons I will explain in a future post. [read post]
3 Apr 2013, 12:47 pm by D. Daxton White
Churning claims arise out of the inherent conflict of interest involved because a financial advisor is compensated by commissions earned in buying and selling securities on behalf of a client. [read post]
2 May 2015, 7:42 am by MBettman
Case Background David Maistros, law director and prosecutor of Twinsburg in Summit County, charged Appellant Nicholas Castagnola with selling alcohol to minors. [read post]