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14 Mar 2024, 5:50 am by Harold Hongju Koh
(Editor’s Note: This post – which shares thoughts with a keynote address published in 84 Ohio State L.J. 1125 (2024) – updates remarks delivered in Lviv, Ukraine, on Dec. 10, 2023, the 75th anniversary of the Universal Declaration of Human Rights, as the closing address at the American Society of International Law/Ukrainian Association of International Law Conference on Standing Tall for the Rule of Law in Ukraine.) [read post]
12 Mar 2024, 6:56 am by Scott Bomboy
” He also disputed the Trump team’s interpretation of Marbury v. [read post]
7 Mar 2024, 6:08 am by Samuel Bray
The rationale for our power to review federal legislation for constitutionality, expressed in Marbury v. [read post]
3 Mar 2024, 12:24 pm by Josh Blackman
[Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.] [read post]
29 Feb 2024, 6:05 am by Rachel Kleinfeld
Supreme Court had taken on new powers (in their case, the power of constitutional review) in the 1803 case, Marbury v. [read post]
21 Feb 2024, 12:25 pm by Lawrence Solum
I structure my inquiry as an analysis and exposition of all three sentences of a paragraph from Marbury v. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]
29 Jan 2024, 3:42 pm by Jonathan H. Adler
Thus, nothing Texas did or said later in the week was "defying" the Court's ruling; much like President Jefferson and Marbury v. [read post]
28 Jan 2024, 9:05 pm by Richard J. Pierce, Jr.
Supreme Court’s famous 1803 opinion in Marbury v. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
22 Jan 2024, 4:30 am by Michael C. Dorf
Both sets of arguments rely on a formalistic conception of separation of powers.Overrule Chevron, conservative Justices and advocates say, because Article III gives "the judicial power" to courts; judicial power is, as Chief Justice Marshall said for the Court in Marbury v. [read post]