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11 Mar 2024, 6:30 am by Guest Blogger
  If one compares the United States Constitution with the fifty state constitutions, let alone most modern foreign constitutions, it is easily the least democratic constitution in the mix. [read post]
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]
15 Feb 2024, 9:22 am by centerforartlaw
(Accent Delight), an offshore company with Dmitry Rybolovlev as the ultimate beneficial owner, v. [read post]
2 Jan 2024, 11:51 pm by Steven Calabresi
United States, so it is hard to be wildly enthusiastic about any of them. [read post]
22 Nov 2023, 6:30 am by ernst
According to the Illinois Republican, there had been a conspiracy among four “workmen” of the Democratic Party to nationalize slavery in the United States, which had culminated in Dred Scott v. [read post]
20 Jun 2023, 7:09 pm by Jacob Fishman
Part V concludes with a report card on how the regime is doing on its thirtieth anniversary. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
It was famously rejected in McCulloch v. [read post]
26 Apr 2023, 6:30 am by Guest Blogger
Existing democracies are fragile.[3] That includes the United States. [read post]
24 Apr 2023, 7:00 am by Guest Blogger
And this leaves constitutional democracy in the United States with knowledge deficits and democratic deficits in its operation and legitimation – and more vulnerable to anti-democratic and illiberal forces, autocratic threats, and political violence. [read post]
28 Mar 2023, 1:01 am by rhapsodyinbooks
Taney In 1826, Taney and Daniel Webster represented a client in a case that appeared before the Supreme Court of the United States. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable onFederation and Secession, convened as part of LevinsonFest 2022. [read post]
6 Jan 2023, 6:30 am by Guest Blogger
Many fled across the United States border to Canada. [read post]
4 Jan 2023, 6:30 am by Guest Blogger
It was this nationalistic Hamiltonian mode that found its way into the United States Reports through Chief Justice John Marshall’s opinion for the Court in McCulloch v. [read post]
2 Jan 2023, 6:30 am by Guest Blogger
Drawing from comparative analysis and federal theory, we argue that elements of federal solidarity are readily identifiable in the United States and that conceiving of them as such helps to clarify doctrine, for example, around the dormant commerce clause and interstate sovereign immunity. [read post]
27 Dec 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable onVoting Rights, convened as part of LevinsonFest 2022.Sanford Levinson First I must express my continued thanks to the persons actually behind this remarkable project, Richard Albert, Ashley Moran, and Trish Do. [read post]
2 Dec 2022, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable on theSecond Amendment, convened as part of LevinsonFest 2022. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
Fleming, Constructing Basic Liberties: A Defense of Substantive Due Process (University of Chicago Press, 2022).Sanford Levinson             In his New York Review of Books essay “Deconstructing Dobbs,” Harvard Law School professor Laurence Tribe offers persuasive criticisms of Justice Alito’s opinion for the Court in that case and its renunciation of Roe, Casey, and other cases that viewed reproductive… [read post]