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Robert G. Natelson

punctuated by posts . A post was a station where correspondence and packages were picked up and delivered, tired horses exchanged for fresh ones, tolls collected, and vehicles and guides hired. Either the post itself or the stretch of road between posts could be called a stage . Compare J OYCE , supra note 1, at 48 (“The post roads were then divided into sections or, as they were commonly called, stages”) with L EWINS , supra note 1, at 23 (“The route from London to Berwick is shown by the lists of posts (or stages)”). R OBINSON , supra note 1, uses the word

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Jess Bravin

stalking horse for right–wing jurisprudence by observing that liberals use it, too. Gorsuch invoked District of Columbia v . Heller , 554 U.S. 570 (2008). Scalia’s triumph, which for the first time found that the Second Amendment afforded individuals a right to possess firearms, at least as far as keeping handguns in the home for self–defense. The question split the court 5-4, with Justice John Paul Stevens writing for the liberal minority. “Justice Scalia and Justice Stevens both, majority and dissent, wrote opinions that are profoundly thoughtful in examining the

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Panayotis M. Protopsaltis

called into question by the emergence of new economic powers,” Sapir, supra note 12, at 13. the TTIP may then constitute the Trojan horse for them to regain control over multilateral trade negotiations. Some of their trading partners will voluntarily align with them whereas others will be coerced towards the multilateralization of what they have already agreed on the bilateral and the plurilateral levels, a strategy that has been used before in the case of TRIPS. Susan K. Sell, TRIPS Was Never Enough: Vertical Forum Shifting , FTAs , ACTA and TPP , 18 J. Intell

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Richard A. Epstein

underbelly to that structure, which was silent on the question of how the government should distribute various benefits to individuals. These benefits could come in the forms of direct grants of cash or property on the one hand, or in the granting of licenses and permits on the other. There is nothing about this issue that does not arise in connection with the admitted uses of government power, including the ability to license horses, cars and trucks on public roads. Thus everyone knows that there is a deep difference between a regulation that says “if you wish to drive

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James E. Pfander

, at 882. In modifying that vehicle for the twenty-first century, Justice Scalia dictated a new, more demanding set of terms to Congress, terms far more restrictive than those the horse-and-buggy drafters of Article III would have recognized. Justice Scalia’s treatment of standing doctrine thus more closely resembles the style of common law constitutionalism that he decried in other settings than the brand of originalism he brandished in dissent. One might dismiss his jurisprudence as the work of a hypocrite, but that would be to miss something essential in his

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Ian Loveland

”. Obergefell v. Hodges, 135 S. Ct. 2584, 2620 (2015). There is a temptation to see this as akin to an “as long as they don’t frighten the horses” approach to gay rights. That may be Chief Justice Roberts personal view. However there is in fact some relatively substantial empirical evidence to suggest that a significant number of voters who favored the opposite gender marriage laws would also have been content to prohibit sexual orientation discrimination in other fields, especially employment; see Lofton supra note 14; Wilcox et al, If I Bend This Far I Will Break

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Ross J. Corbett

through HUAC’s heart. Unfortunately, the Court’s conference notes for Gojack have not been published (nor those for any case discussed in this paper, save Watkins ). Cf . S UPREME C OURT IN C ONFERENCE , supra note 118, at 297–300. Attacking HUAC would not have been beating a dead horse by 1966. True, it had entered what Walter Goodman was to call its “lean years,” See G OODMAN , supra note 8 at 435. but it was still around. The peace movement and the lack of success in Vietnam against which it was directed were being passed off as the work of Communist