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24 Feb 2024, 6:30 am by Guest Blogger
Post’s new book, The Taft Court: Making Law for a Divided Nation, 1921-1930, is the latest installment of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
16 Feb 2024, 9:30 pm by ernst
The Union County Board of County Commissioners is hosting Gibbons v. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  At the state level, in Virginia, the same 1924 legislative session originated both the eugenical sterizilization act at issue in Buck v. [read post]
13 Feb 2024, 6:30 am by Guest Blogger
“The time has come to blow the whistle on the Holmes Devise History of The Supreme Court,” a young professor of law at the University of Wisconsin named Mark V. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
16 Jan 2024, 10:42 am by Gritsforbreakfast
Their only power -- to seek state punishment for rule violators -- is a regressive function. [read post]