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21 Feb 2011, 8:52 pm by Orin Kerr
(Orin Kerr) Next week, the Supreme Court will be hearing oral argument in Ashcroft v. [read post]
20 Feb 2007, 9:55 am
The tools I dream about (yes, this may sound strange) are power tools for lawyers. [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]
18 Nov 2019, 6:30 am by Guest Blogger
  Or consider the equally strange fact that at least one appellate judge, albeit in dissent,  concluded in 2017 that Congress has no power to ban hate crimes, like gay bashing. [read post]
12 Dec 2011, 6:03 pm by Michael Froomkin
There’s still some deep resonance about the idea that the rule of law might be something that can be appropriated and turned on the powers that be.Even more affirming is the central assumption: publicizing state-sponsored violence can end it. [read post]
9 Mar 2015, 9:12 am
Under that test, the delegation is valid because Amtrak’s power is sufficiently constrained by the requirement that it act to maximize profits.... [read post]
1 Feb 2018, 9:16 am by Alfred Brophy
Vann Woodward’s The Strange Career of Jim Crow (1955); Arthur I. [read post]
14 Feb 2012, 3:57 pm by Andis Kaulins
Although we definitely share the sentiments of the dissenting Justices Breyer and Alito -- a strange alliance politically and judicially, but understandable in terms of their intellectual principles -- we have to agree with the SCOTUS majority of Justices in Golan v. [read post]
3 Aug 2023, 9:30 pm by ernst
The sale of offices-as-property may seem strange and even corrupt to modern readers, but it was a long-lasting and practical foundation for the nation-state, modern administration, and colonial expansion.Whereas vénalité had grown out of control in revolutionary-era France, the English had a more stable system of freehold property rights, a distinctive English protection of the officeholders’ investment against “despotic” displacement. [read post]
18 May 2010, 3:50 am by Andrew Lavoott Bluestone
When one reads a decision in a pro-se legal malpractice case strange facts often emerge. [read post]