Alabama Justices Order Ten Commandments Monument Removed

2003-08-21 Thread Conkle, Daniel O.
FYI: Alabama Justices Order Ten Commandments Monument Removed By THE ASSOCIATED PRESS Filed at 1:12 p.m. ET MONTGOMERY, Ala. (AP) -- State Supreme Court justices overruled Chief Justice Roy Moore on Thursday and directed that his Ten Commandments monument be removed from its public site in the

source?

2003-08-21 Thread Malla Pollack
Sandy Levinson's book, Constitutional Faith 33 (1988), paraphrases Felix Frankfurter as saying that the Constitution is most significantly not a document but a stream of history. The footnote says that Sandy cannot find the source but vouches for its existence. Can anyone (including Sandy)

Re: source?

2003-08-21 Thread David Cruz
Googling, I found the following citations: Daniel R. Ernst, Willard Hurst and the Administrative State: From Williams to Wisconsin, Law and History Review 18 (2000): 19, which in turn appears to cite Felix Frankfurter, The Commerce Clause under Marshall, Taney and Waite 2 (Chapel Hill: University

Patriot Act

2003-08-21 Thread Parry, John
I need to get up to speed on the Patriot Act. Can anyone recommend the best attacks and/or defenses of the Act and its related or follow-on statutes? Thanks, John Parry John T. Parry Associate Professor of Law University of Pittsburgh School of Law 3900 Forbes Avenue

Re: The Original Meaning of the Judicial Power

2003-08-21 Thread Francisco Martin
I've just read Prof. Barnett's paper, and I urge others to read it. It helped me put to rest some issues surrounding judicial review. However, I have a few comments: 1. Prof. Barnett argues that Morris claimed that the new Constitution could not be ratified by the state legislatures under the

Re: source?

2003-08-21 Thread Sanford Levinson
My thanks for the exact source. (Constitutional Faith was written pre-Google!) sandy At 02:58 PM 8/21/2003, you wrote: Googling, I found the following citations: Daniel R. Ernst, Willard Hurst and the Administrative State: From Williams to Wisconsin, Law and History Review 18 (2000): 19, which

Re: source?

2003-08-21 Thread Malla Pollack
My thanks to David Cruz for the source and to the list for making this type of resource sharing possible Malla Pollack Visiting, Univ. of Oregon, Law 541-346-1599 [EMAIL PROTECTED] - Original Message - From: David Cruz [EMAIL PROTECTED] To: [EMAIL PROTECTED] Sent: Thursday, August 21,

Re: The Original Meaning of the Judicial Power

2003-08-21 Thread Randy Barnett
I thank Professor Martin for his close reading of my paper and will reconsider the two characterizations by which I introduce the quotes from Madison and Morris in light of his comments.This is the great thing about posting articles prepublication. However, I should emphasize that I presented

Re: Patriot Act

2003-08-21 Thread Randy Barnett
As a critic of some important, but not all, aspects of the Patriot Act, I must admit to being less so after reading: Orin S. Kerr, Internet Surveillance Law after the US Patriot Act: The Big Brother That Isn't, 97 Northwestern University Law Review 607-73 (2003). To be clear, Kerr does not claim