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21 Mar 2023, 7:01 am 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]
10 Mar 2023, 9:30 pm by ernst
   Ryan Reft, Library of Congress, has posted Gideon v. [read post]
24 Feb 2023, 12:36 pm
In this case we function largely as detectives, hopefully more like Sherlock Holmes than Inspector Clouseau. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
  Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
15 Jan 2023, 6:30 am by Guest Blogger
  In the first, United States v. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
I offer a couple of examples, written by Chief Justice Hughes (who was no slouch as a lawyer), out of many that could be deployed.[12]  Wood v. [read post]
11 Jan 2023, 5:01 am by Eugene Volokh
These provisions of Texas' self-defense laws generally track the laws in other U.S. states. [read post]
9 Jan 2023, 7:42 pm by Christine Corcos
Rather, inspired by Oliver Wendell Holmes, Jr., the United States presently embraces them by willfully ignoring how Holmes punished Porfirio Díaz’s leading critic Eugene V. [read post]
9 Jan 2023, 7:42 pm
Rather, inspired by Oliver Wendell Holmes, Jr., the United States presently embraces them by willfully ignoring how Holmes punished Porfirio Díaz’s leading critic Eugene V. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
” I have no particular brief for high Federalists from New England, but I do wonder what we might think had Garrison actually been influential and several New England states accepted his view and tried to secede, say, after the Supreme Court’s decision in Prigg v. [read post]