Search for: "United States v. Ackerman"
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7 May 2023, 6:00 am
(Ackerman does not call himself an "originalist," but many of Ackerman's former students do work that is implicitly or explicitly originalist.) [read post]
4 May 2023, 10:25 am
A reader flagged a Fourth Circuit decision, which explains that state-court proceedings are put on pause while federal proceedings are litigated: Ackerman v. [read post]
26 Apr 2023, 9:21 am
Today, the Supreme Court (of the United States) will hear oral arguments in Tyler v. [read post]
24 Feb 2023, 5:16 am
Mouat (1888) and United States v. [read post]
30 Jan 2023, 7:56 am
United States that the Just Compensation Clause is not self-executing. [read post]
30 Jan 2023, 6:58 am
City of San Diego, 450 U.S. 621, 654 (1981); United States v. [read post]
26 Jan 2023, 8:00 am
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]
18 Jan 2023, 6:30 am
In contrast to the United States, a wide range of political parties offer up their presidential nominees in a single primary in which all voters cast their ballots. [read post]
13 Jan 2023, 8:00 am
But this valve of healthy constitutional democracies is not discussed or theorized enough in the United States, for obvious practical reasons. [read post]
13 Jan 2023, 6:30 am
So is Bruce Ackerman’s dualist theory. [read post]
11 Jan 2023, 3:03 am
The trustees (the Trustees) alleged that Reem Plumbing and Reem Contracting were contractually obligated to contribute to certain union benefit funds (the Funds), as required by four collective bargaining agreements between the Association of Contracting Plumbers of the City of New York and Local Union No. 1 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada (id.). [read post]
7 Nov 2022, 9:04 pm
These proposals would mainly codify some of the courts’ common law decisions or the kinds of consensus-based recommendations made by the Administrative Conference of the United States (ACUS). [read post]
31 Oct 2022, 9:02 pm
If imported to the United States, congressional review would freeze rulemaking for all but the most anodyne texts—even if it could circumvent the holding in INS v. [read post]
13 Sep 2022, 6:30 am
I think it is somewhat telling that Jennifer’s caution leads her to try to ask if there are any real defenses for what I find one of the truly indefensible features of the Constitution—the allocation in the Senate of equal voting power by states. [read post]
8 Sep 2022, 6:30 am
The best way to do this is through the extensive literature on state capacity and development, much of it new since Ackerman’s original efforts, to establish a legally plausible baseline for marking out later informal constitutional changes. [read post]
27 Aug 2022, 5:45 am
Blazakis argued that the gender pay gap among athletes in the United States presents a national security threat, as elucidated by the Russian trial of WNBA star Brittney Griner. [read post]
24 Aug 2022, 7:59 am
See United States v. [read post]
24 Jun 2022, 6:30 am
To a political scientist, one way is by viewing it as a power play by the rabbinate, an attempt many centuries before the United States Supreme Court’s decision in Cooper v Aaron to engage in a performative utterance establishing themselves as the “ultimate interpreters” of the document in question, whether the Torah or the Constitution. [read post]
9 Jun 2022, 6:30 am
Andrea Katz In 1905, an Australian parliamentarian observing the United States used an unusual metaphor to describe our Constitution. [read post]
17 Mar 2022, 4:18 am
Qualified Immunity: Federal law provides a cause of action for individuals who have been “depriv[ed] of any rights, privileges, or immunities secured by the Constitution and laws” of the United States by a person acting under the color of law. [read post]
