The Supreme Court’s Trademark Case and the First Amendment: Carrying History Too Far
- June 30, 2024
Fortunately, by the time the Constitution was written, this verbal confusion had been pretty much been sorted out.
READ MORE[T]he Hamilton Electors have good cause to claim the mantle of originalism.
READ MORERob’s research, published in the 2008 article, showed convincingly that Justice Thomas was right to be skeptical.
READ MORE. . . the problem centers in specific institutions: American law schools and the higher reaches of the judiciary.
READ MOREThe Founders erected the American legal system to operate in the context of Anglo-American judicial values. The rules placed expressly or implicitly in the Constitution . . . were designed to operate in that context. However, the context changed.
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