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15 Jul 2009, 12:57 pm
The Montana Supreme Court has issued an Opinion in the following matter: DA 08-0465, 2009 MT 234, STATE OF MONTANA, Plaintiff and Appellee, v. [read post]
12 Feb 2020, 9:30 pm by ernst
Schwartz, University of Wisconsin Law School, has posted McCulloch v. [read post]
20 Feb 2019, 8:00 am by Dan Ernst
Schwartz, University of Wisconsin Law School, has posted An Error and an Evil: The Strange History of Implied Commerce Powers, which is to appear in the American University Law Review 68 (2019): 927-1014:An underspecified doctrine of implied "reserved powers of the states" has been deployed through U.S. constitutional history to prevent the full application of McCulloch v. [read post]
10 Jul 2008, 4:05 am
Our bad.The second, issued minutes later, in State Farm v. [read post]
11 Apr 2021, 9:30 pm by ernst
Maryland, Slavery, the Preamble, and the Sweeping Clause, a review essay on David Schwartz’s The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
3 Mar 2023, 6:30 am by Guest Blogger
  To take one example, at the time that the Court decided the leading qualified immunity case of Harlow v. [read post]
7 May 2019, 8:00 am by Dan Ernst
Eric Lomazoff's important new book, Reconstructing the National Bank Controversy, is the first scholarly study that views the National Bank controversy as a continuous 55-year sequence of events, whose highlights include the adoption of Alexander Hamilton's proposed Bank of the United States in 1791, John Marshall's decision in McCulloch v. [read post]
1 May 2019, 8:00 am by Dan Ernst
Schwartz, University of Wisconsin Law School, has posted Defying McCulloch? [read post]
30 Jun 2018, 2:50 pm by Eugene Volokh
Many of our readers were interested in Joanna Schwartz's recent posts on rethinking qualified immunity, so I thought I'd note that yesterday the Iowa Supreme Court considered the closely related question of qualified immunity in state constitutional lawsuits (Baldwin v. [read post]