Search for: "Kurt Lash" Results 201 - 220 of 250
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18 Jan 2022, 5:00 am by Eric Segall
 The authors argue, contrary to Kurt Lash and Ilan Wurman, two law professors who have also recently written books about the Clause's original meaning, that the Clause protects both enumerated and unenumerated rights and should do much of the equality work currently being done by the Court under the equal protection clause. [read post]
27 Jun 2007, 9:41 am
Kurt Lash, A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review (2008). [read post]
5 Jul 2007, 7:12 am
Kurt Lash, A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review (2008). [read post]
22 Mar 2010, 5:05 pm by David Kopel
This is so whether one agrees with Randy Barnett’s view of the Ninth Amendment (as an enforceable guarantee of natural rights) or with Kurt Lash’s (as a rule that enumerated powers should be narrowly construed so as not to violate natural rights, including the right of self-government in the states). [read post]
16 Aug 2011, 10:07 pm by Ilya Somin
” Similarly, in Morrison the Supreme Court considered a stockpile of congressional findings attesting to the link between domestic violence and medical costs frequently borne by third parties.I discussed this issue in more detail in the amicus brief (pp. 10–13) I wrote in the case on behalf of the Washington Legal Foundation and a group of constitutional law scholars (including co-bloggers Jonathan Adler and Todd Zywicki, and recent guest blogger Kurt Lash). [read post]
13 Dec 2010, 1:43 pm by Jonathan H. Adler
For more on the handling of the Necessary & Proper Clause in this case, I recommend these posts outlining the views of Jason Mazzone, Kurt Lash, and Randy Barnett. [read post]
29 Dec 2023, 4:32 am by SHG
*In a New York Times op-ed, Kurt Lash provides a pretty good explanation of the legal arguments involved. [read post]
4 Oct 2010, 1:07 pm by Ilya Somin
The brief signers include VC co-conspirators Jonathan Adler, David Kopel, and Todd Zywicki, along with other well-known constitutional law scholars such as James Ely (Vanderbilt), Kurt Lash (University of Illinois), Gary Lawson (BU), Steven Presser (Northwestern), and others. [read post]
8 Feb 2023, 8:16 pm by Josh Blackman
" Joel Tiffany, A Treatise on the Unconstitutionality of American Slavery (1849), reprinted in 2 The Reconstruction Amendments: The Essential Documents 237, 237–38 (Kurt T. [read post]
16 Feb 2012, 12:20 pm by Jeralyn
Passenger Kurt Haskell, a lawyer who has advanced a conspiracy theory since the day of the attack and upset no one would pay attention to it, today said "Umar was given an intentionally defective bomb by a U.S. agent… to stage a false terrorist attack to be used to implement various government policies. [read post]
21 Dec 2023, 2:04 pm by Ilya Somin
" I explained why this argument (previously advanced by Kurt Lash) is fallacious here: This argument ignores the possibility than an insurrectionist former president could still potentially hold other offices, such as being a member of Congress or serving as a member of the cabinet… In addition, there was no reason to think that electors would necessarily abjure supporting former insurrectionists for the presidency. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
" Seth Barrett Tillman and I are the primary proponents of the former argument, and Kurt Lash is the primary proponent of the latter argument. [read post]
18 Nov 2023, 4:28 am by Mark Graber
 Researching whether the persons responsible for Section Three of the Fourteenth Amendment thought the president was an officer of the United States is a bit like researching whether George Washington had five fingers on his right hand. [read post]
14 Dec 2022, 7:46 am by Stephen Halbrook
Kurt Lash—fail to make a convincing case that the meaning of the Bill of Rights changed in1868. [read post]
15 May 2023, 5:01 am by Anthony Sanders
For example, conspirator Randy Barnett has argued the former while Professor Kurt Lash, has, in good faith, argued otherwise. [read post]