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As Oliver Wendell Holmes put it, “three generations of imbeciles are enough. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
20 May 2022, 11:43 pm by Frank Cranmer
As Lucy Lewis and Hazel Oliver point out, however, no Employment Bill subsequently appeared – not even on the very limited issue of allocating tips, specifically mentioned in the Speech. [read post]
29 Apr 2022, 6:30 am by Guest Blogger
But some calls for reform arise more from a felt need to respond to what are seen as abuses of the confirmation process in very recent years.[13]  As is well-known, the Senate refused even to consider President Obama’s nomination of Merrick Garland in March 2016, shortly after the death of Justice Scalia in February, on the ground that it was within 8 months of a presidential election and the Senate should wait and “give the people a voice” in the selection of a new… [read post]
25 Apr 2022, 4:30 am by Michael C. Dorf
He concludes, largely on the strength of the SCOTUS opinion in Hartman v. [read post]
13 Apr 2022, 12:43 pm by Ronald Collins
Harlan’s moral vision is memorialized in his lone dissent in Plessy v. [read post]
24 Feb 2022, 9:03 pm by Henry Miller
” FLASHBACK FRIDAY In an essay in The Regulatory Review, Amanda Shanor, professor at The Wharton School at the University of Pennsylvania, argued that the Supreme Court took a step toward enabling discrimination against LGBTQ+ people in its decision in Fulton v. [read post]
30 Jan 2022, 4:46 pm by INFORRM
Oliver Sanders QC, counsel for the Attorney General, told the Court  that “this is a breach of confidence case where there is a dispute between the parties as to whether certain information can be published. [read post]