Re: Presidents and the Court

You might look at Emily Van Tassel and Paul FInkelman, IMPEACHABLE OFFENCES: A Documentary History of Impeacement (CQ PRESS) Quoting [EMAIL PROTECTED]: On impeachment, I have contemporary discussion of the issue in the Chase and Johnson impeachments in my Constitutional Construction book

Re: First Amendment/Universities question

, not free speech. -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED] Lynda Dodd wrote: I teach political science constitutional law classes at Miami

Re: lincoln and colonization

nything about it. He surely did not Butler's "report" to know it was impossible to accomplish. Some sort of colonization in North America -- a kind of Indian Removal program -- might have been partially successful, but Lincoln never pushed for that either. Paul Finkelman Barksdale, Yv

Re: Ninth circuit and the recall

of the candidates involved. But here the supports and opponents of recall are hardly in that situation. Meanwhile, the rest of us can sit back and enjoy the side-show. Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918

Re: Error rates

is that these machines are not that hard to install and operate. Paul Finkelman Eugene Volokh wrote: Paper ballots? Frank raises a good point, but let me ask this: Even if the new electronic voting machines generally have a lower error rate than punch cards, do we really have reason

Re: Margin of Error vs. Margin of Victory

he popular vote does not matter in a presidential election (constitutionally at least); then it would not matter if state "A" has a modern system of optical readers; state "B" uses punchcards; and state "C" uses paper ballots, as long as the system is the same fo

Re: absentee ballots? and goose and gander constitutional politics

rnold get a regional boost because he lives in Southern California? If so, they he should welcome more precise voting machines in his county or residence. -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-6

Re: Ninth circuit and the recall

that in court). Paul Finkelman Sanford Levinson wrote: The AP Wife story concludes as follows: State officials, who conceded in court documents that the punch-card voting mechanisms are ``more prone to voter error than are newer voting systems,'' were likely to appeal the case to the U.S. Supreme Court

Re: Ninth circuit and the recall

; hence if the people elected someone they could try to use their wealth and education to overturn that election through a recall. Paul Finkelman Ilya Somin wrote: I think Mark's points here are mostly well-taken. But it is important to see their systematic implications. Sandy's concern

Re: Did the U.S. Lose the War of 1812?

tons of white paint to cover soot left on house by burning of Washington. and partial burning of Pres's house. Paul Finkelman Robert Justin Lipkin wrote: I read recently that the U.S. lost the War of 1812 despite France's efforts to assist us in resisting England's belligerence. Are these conten

Re: Did the U.S. Lose the War of 1812?

white paint to cover soot left on house by burning of Washington. and partial burning of Pres's house. Paul Finkelman Robert Justin Lipkin wrote: I read recently that the U.S. lost the War of 1812 despite France's efforts to assist us in resisting England's belligerence. Are these contentions true?

Re: Non-Governmental Emancipation of Slaves Say what?

Mima Queen and Child v. Hepburn. Justice Duvall's dissent is a much better approach, but it is one that would have undermined slavery. That was a road Marshall would not take. Similarly, see his rather cramped opinion in Scott v. Negro Ben. Paul Finkelman -- Paul Finkelman Chapman Distinguished Profes

Re: Non-Governmental Emancipation of Slaves Say what?

solution to America's racial problem. Paul Finkelman -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED] Keith E. Whittington wrote: Marshall

Re: Non-Governmental Emancipation of Slaves Say what?

t 43 years a few thousand (at most) slaves were freed on condition the Colonization Society took them to Africa. Most free blacks in the US opposed colonization as a racist attempt to force them from the country of their birth. -- Paul Finkelman Chapman Distinguished Professor of Law Universit

Re: Non-Governmental Emancipation of Slaves Say what?

. Paul -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED] Robert Justin Lipkin wrote: I find Paul's explanation, as well as Keith's (and I'm sure I'm

Re: takings/procedure question

under some situations to act as an private attorney general to sue a company for unjust enrichment or for other claims? Paul Finkelman -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918

Re: takings/procedure question

about your problem. interesting question posed by Paul re. giving right of company to "take" from citizens, trend exists in takings juris of taking for "public use," ostensiby which really gives over land to a private co. -- Paul Finkelman Chapman Distinguished Profess

Re: jefferson and slavery

Jefferson in action. Paul Finkelman Ilya Somin wrote: A few points below: On Sat, 2 Aug 2003, Paul Finkelman wrote: No.1 woudl have banned slavery in 1800 just as Prof. Somin says, Is this a way to prevent the institution from spreading? Would anyone on the list prop

Re: CJ Moore's Argument

answering that question, it is not every day you get to give a 10-15 minute history lecture to the Chief Justice of a state, as well as to the federal judge trying the case. Paul Finkelman Quoting Stephen Siegel [EMAIL PROTECTED]: I would like to see Alabama Chief Justice Roy Moore's full

Re: Agenda and persecution of Mormons

I believe Israel exempted Yemenite Jews from its monogomy rules when they came in the 1950s. Islam *allows* polygamy, while the Mormons required it, which makes a big difference in how one views the free exercise issues. Paul Finkelman Quoting Sanford Levinson [EMAIL PROTECTED]: A colleague

Re: Agenda and persecution of Mormons

Is "membership" in an organization -- ie: subscribing to the belief in polygamy -- a "conduct" or a "belief." It seems to me it is a belief, since the defendant here had never had more than one wife. -- Paul Finkelman Chapman Distinguished Professor of Law Univ

Re: Agenda and persecution of Mormons

to for my failure to sufficiently explain my analysis. - Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) Nelson Lund wrote: I don't have the slightest idea what the post below

Re: oops

Perhaps it could be called an e-error Tom Grey wrote: There should be some term for the glitch of privately explaining why you aren't posting something to a list - and then mistakenly posting that to the list. Tom Grey Stanford Law School [EMAIL PROTECTED] -- Paul Finkelman Chapman

Re: Texas Pledge of Allegiance

en say I also pledge allegience to Jupiter and Neptune and Thor. I cannot "pledge" to the Yankees and the also "pledge" to the Red Sox. I cannot "pledge" to the United States and also to the France. So, the question is, can I pledge to the US and to the state

Re: Texas Pledge of Allegiance

llegience" to your state, and your state is in conflict with the national government on some political or economic issue, are you duty bound to support the state -- say to vote for the presidential candidate that will support the state on this issue? paul finkelman Nelson Lund wrote: It is