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1 Aug 2013, 10:34 am by Dan Markel
And returning to the conversation are Kurt Lash (Illinois); Brian Galle (BC Law); and, for an extended visit about which she'll tell us in her posts, Robin Effron (Brooklyn LS). [read post]
15 Jul 2012, 11:09 am by Rick Hills
Despite objections from textualist die-hards like Kurt Lash, I am convinced that failing something like the Cooter-Siegel "do-the-states-face-a-collective-action-problem? [read post]
15 Jul 2012, 7:40 am by Jon
Imagine if only two of the liberals were replaced by someone like Randy Barnett, Richard Epstein, Elizabeth Price Foley, Kurt Lash, Gary Lawson, or Rob Natelson.See also: Proposed Bills — The way to reform. [read post]
11 Jul 2012, 10:08 pm by Eugene Volokh
(Eugene Volokh) An excellent new blog from the Federalist Society, with posts about recent and fairly recent Supreme Court decisions (so far mostly the health care cases, though also Citizens United) from Richard Epstein, John McGinnis, Rick Garnett, Nick Rosenkranz, Eileen O’Connor, Brad Smith, Kurt Lash, Rick Esenberg, and Joel Alicea — check it out. [read post]
8 Jun 2012, 9:11 am by Guest Blogger
Kurt Lash and Mike Rappaport have both quoted the passage from 388, and we need not repeat it. [read post]
6 May 2012, 5:58 pm by Rick Hasen
Back in January, I was talking about The Senate’s filibuster of judges with my Loyola Law School colleague, Kurt Lash. [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]
30 Aug 2011, 6:24 am by John Mikhail
In recent years, these ideas have been given renewed attention in work by Jack Rakove, Joseph Lynch, Jack Balkin, Kurt Lash, Robert Cooter & Neil Siegal, and many other writers, including my friend and colleague Randy Barnett. [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 Aug 2011, 12:06 am by John Mikhail
To anticipate the main results of this discussion, over the next several weeks I will argue: [1] that the second N&P clause is particularly important for understanding the basic structural design of the Constitution; [2] that this provision was meant to declare and incorporate directly into the Constitution the doctrine of implied powers that Wilson had defended in his 1785 essay on the Bank of North America; [3] that Wilson’s bank essay was also the likely source of the critical language… [read post]
12 Aug 2011, 1:42 pm by Kurt Lash, guest-blogging
(Kurt Lash, guest-blogging) I am glad to report that Jack Balkin has posted an extended response to my new article on Resolution VI. [read post]
12 Aug 2011, 2:55 am by JB
In his SSRN paper, Kurt Lash has argued that my views about Resolution VI rest on "a historical mistake. [read post]
11 Aug 2011, 8:11 am by Neil Siegel, guest-blogging
Kurt Lash for engaging my work with Robert Cooter on collective action federalism. [read post]
11 Aug 2011, 6:41 am by Kurt Lash, guest-blogging
(Kurt Lash, guest-blogging) My thanks to Neil Siegel for his willingness to engage the historical arguments presented in my new paper on Resolution VI. [read post]
10 Aug 2011, 10:46 am by Neil Siegel, guest-blogging
(Neil Siegel, guest-blogging) I learned from Kurt Lash’s new article, which makes novel and creative claims about historical materials that are important to a variety of theories of constitutional interpretation. [read post]
10 Aug 2011, 8:50 am by Kurt Lash, guest-blogging
(Kurt Lash, guest-blogging) This is my third and final substantive guest-post on my new article, “Resolution VI”: The Virginia Plan and Authority to Resolve Collective Action Problems Under Article I, Section 8 and recent efforts to use Resolution VI as a foundational principle for construing federal power under Article I, Section 8.To recap my last post, proponents of Resolution VI claim that the framers intended Article I, Section 8 to enact the principle that… [read post]