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Interesting article on Lopez and Commerce Clause
Interesting article by Prof. Glenn Reynolds and Brannon Denning....
"Like Akira Kurosawa's 1950 film Rashomon, in which four witnesses to a brutal crime relate four different accounts of the same event, in the five years since Lopez was decided, lower courts have interpreted Lopez so differently that one wonders whether they all read the same opinion. Of course they all did, which raises interesting questions about the majority opinion itself, and the nature of contemporary Supreme Court decisionmaking generally, which is discussed below. "
(Prof. Denning has done similar analyses of US v. Miller, and how lower courts resisted and subverted its ruling). {in response to comment, Denning's article can be found here.
BTW, blogging will be light for the next week, as I'm off doing booksignings in PA. First one is Wednesday, 7 PM at the Borders in Wynnewood PA, a Philie suburb. Back on line next Tuesday for sure.
Comments
I'd love to see Denning's analysis on Miller, know where I can find it?
C.A.G.
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