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4 Aug 2024, 6:30 am
LaCroix argues that retrojecting the federal-state binary onto early American history causes us to misunderstand both the debates of the period and the broader dynamics of constitutional change. [read post]
2 Aug 2024, 6:30 am
For Madison, the Constitution rested neither on sovereign states nor one national people but instead was founded on the people of the states (importantly in the plural) “in their highest sovereign capacity,” occupying what he later described as a “middle ground” between Hayne’s and Webster’s positions.[2] While some scholars have depicted the debate over the nature of the Union in binary terms, careful studies have long identified and appreciated a conception… [read post]
2 Aug 2024, 4:00 am
During the first week of constitutional law as conventionally taught in most American law schools (and as I teach it), students learn that, in the words of Chief Justice John Marshall speaking for the Supreme Court in Marbury v. [read post]
1 Aug 2024, 9:01 am
Compare the analogous decade-long battle in Enigma v. [read post]
1 Aug 2024, 6:30 am
An early highlight of The Interbellum Constitution comes in LaCroix’s immensely rich rendition of a set of arguments over judicial federalism advanced in 1814 at the Virginia Supreme Court in Hunter v. [read post]
31 Jul 2024, 11:19 am
Election-Related Synthetic Content Laws: Alabama (HB 172), Arizona (SB 1359), Colorado (HB 1147), Florida (HB 919), Hawaii (SB 2687), Mississippi (SB 2577), and New York (A 8808) enacted laws regulating the creation or dissemination of AI-generated election content or political advertisements, joining Idaho, Indiana, Michigan, New Mexico, Oregon, Utah, Washington, Wisconsin, and other states that enacted similar laws in late 2023 and early 2024. [read post]
31 Jul 2024, 5:06 am
All three of the proposals are sound on the merits.(1) Trump v. [read post]
30 Jul 2024, 3:58 am
Jackson Women’s Health Organization overturned Roe v. [read post]
29 Jul 2024, 7:51 pm
Alito, who had authored the 2022 decision in Dobbs v. [read post]
29 Jul 2024, 7:24 am
How does acquiescence work now that the importance of this doctrine has been elevated following the Heitec and Combe decisions? [read post]
29 Jul 2024, 4:30 am
It does so because the claims are entirely derivative of Purdue's liability. [read post]
28 Jul 2024, 7:56 pm
And if any of these highly unlikely assumptions does indeed fail, we would serve up the Constitution on a silver platter to ALEC. [read post]
28 Jul 2024, 11:25 am
On the other costs, the lease clause was identically worded to that in Sella House Ltd v Mears (1988) 21 HLR 147. [read post]
27 Jul 2024, 6:00 am
”Trump v. [read post]
26 Jul 2024, 6:05 am
In Kiobel v. [read post]
25 Jul 2024, 12:29 pm
The Importance of Carpenter v. [read post]
25 Jul 2024, 6:30 am
But LaCroix’s book does that too, and does it beautifully. [read post]
24 Jul 2024, 2:03 pm
It was the 25th anniversary of the Supreme Court’s decision in Olmstead v. [read post]
24 Jul 2024, 7:28 am
In United States v. [read post]
24 Jul 2024, 6:30 am
LaCroix does not settle for the easy or the familiar. [read post]
