Judiciary
Torture Enters the Courtroom
For the first time in American history, a federal judge last week authorized the government to admit as evidence in a criminal case in a public courtroom words uttered by the defendant that were obtained under torture. The fruits of torture – which is any cruel...
The Supreme Court Used to Consider the Minimum Wage Unconstitutional
I wonder how many Americans realize that the U.S. Supreme Court once declared the minimum wage to be in violation of U.S. Constitution. This occurred in 1923 in a case entitled Adkins v. Children’s Hospital. In a 5-3 decision in that case, the Supreme Court held that...
The Legacy of Lochner
The Lochner case may be one of the most remarkable cases in the whole of Constitutional law — remarkable for its influence in the development of “substantive due process.” It’s also remarkable for its role in the Court’s de-coupling of personal...
The Myths of Cooper v. Aaron
In his paper, “The Irrepressible Myth of Cooper v. Aaron” published by the Georgetown Law Journal, Josh Blackman writes, “Despite its constitutional provenance and majestic grandeur, the Supreme Court of the United States operates like any other...