author: jack m balkin

Processes of Constitutional Decisionmaking: Cases and Materials

... v. Northwestern Iron & Metal Co., 335 U.S. 525 (1949), a unanimous Court sustained a state prohibition of closed ... Williamson v. Lee Optical Co., a case that also featured prominently in the Court's opinion. To that case we now turn.

What Obergefell V. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision

... case in which the plaintiffs were adults. There are times, however, when cases with adult litigants generate rights on behalf of children. See, e.g., Prince v ... Meyer v. Nebraska and Pierce v. Society of Sisters). 16. Brief for Michigan ...

Processes of Constitutional Decisionmaking: Cases and Materials

... Williamson v. Lee Optical Co., a case that came to symbolize the Court's deferential approach to economic regulation. Williamson v. Lee Optical Co. 348 U.S. 483 (1955) DOUGLAS, J. ... This suit was instituted in the District Court to ...

What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision, Revised Edition

... Samuel Armas's hand apparently grasping the finger of the perinatal surgeon who was repairing his spine while Samuel was still in his mother's womb4 or those currently available from a 4- d ultrasound system, our common humanity was ...

What Roe V. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision, Revised Edition

... wife's loss of personal rights, the husband's right to discipline his wife, and his duty to support her) (“By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended ...

Living Originalism

... features of constitutional culture: they concern which practices and ... durable and what is canonical at a particular time in history. Durable and ... 5 of the Act by reinterpreting one of its provisions.126 If the Court ever does strike ...

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