Tag: constitutional interpretation

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Stevens and the Machinery of Death

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In Uncategorized
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On April 17, 2008
Given what bean correctly identifies as the complexity of today’s ruling in Baze v. Rees, I’ll have to leave discussion of the fractured holding until tomorrow. For now, let me discuss one interesting and unexpected development. For the first time since the nearly-retired Harry Blackmun, the Supreme Court now has a justice who believes the […]

Lawyers, Judges, and Money

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On April 16, 2008

The recently retired Justice O’Connor recently spoke at Hunter College with Justice Breyer, and was asked by a student if there was a vote she regretted casting. After rejecting the student̵

Exclusionary Rule Back On the Chopping Block

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In Uncategorized
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On February 20, 2008
I cringe whenever I see that the Roberts Court is taking a case like this: In theory, a criminal-law doctrine known as the exclusionary rule forbids prosecutors from using evidence obtained by the police as the result of an improper search. In practice, the rule has significant exceptions, like for evidence obtained in good faith […]

Christmas Cheer

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On December 24, 2007

It wouldn’t be an LGM Christmas without a little politically-driven holiday cheer, courtesy of the Center for Constitutional Rights. Merry Christmas everyone. Yes, even you tgc. (via) Share

The Second Amendment on Trial

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In Uncategorized
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On November 20, 2007
The Supreme Court has decided to hear an appeal to the D.C. Circuit decision striking down D.C.’s handguns ban. I’ll have more discussion about this later, but to stimulate discussion in the interim I’ll say that 1)the most plausible interpretation of the 2nd Amendment, I think, confers an individual right to bear arms, although this […]

Happy Anniversary!

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In General
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On October 24, 2007
Via Roy, I see that conservatives are whining about the great day 20 years ago on which arch-reactionary Robert Bork was justly rejected by the Senate. First if all, it’s worth repeating that in this case the Senate functioned as it should, focusing on constitutional philosophy rather than trivial details, and that attempts to turn […]
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