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Should the Seventh Amendment Civil Jury Trial Right Apply to the States?

The Volokh Conspiracy

But when it comes to the Seventh Amendment, 36 out of 37 State Constitutions in 1868, guaranteed the right to jury trials in all civil or common law cases. Fully 98% of all Americans in 1868 lived in jurisdictions where they had a fundamental state constitutional law right to jury trial in all civil or common law cases. "

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A Hearing on Herring: Supreme Court to Hear Potentially Historic Chevron Case

JonathanTurley

We should acknowledge forthrightly that Chevron did not undo, and could not have undone, the judicial duty to provide an independent judgment of the law’s meaning in the cases that come before the Nation’s courts.” ” The cases today concern federal requirements that commercial fishermen pay for at-sea monitors.

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Boston University Professor: Second Amendment is Based on “Freedom to Enslave”

JonathanTurley

States opposed to slavery, like Vermont, Pennsylvania, New Hampshire, New York and Rhode Island, had precursor state constitutional provisions recognizing the right to bear arms. NPR breathlessly billed its interview as “ Historian Carol Anderson Uncovers The Racist Roots Of The Second Amendment.”.

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Fourth Circuit Rules Against North Carolina State Professor Who Spoke Out Against Diversity Policies

JonathanTurley

We previously discussed how academics like University of Rhode Island Professor and Director of Graduate Studies of History Erik Loomis denounce statistics and science as “ inherently racist.” Porter is a tenured statistics professor in the college of education.

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Not, The Second Amendment Was Not Primarily About Suppressing African Americans

JonathanTurley

New Hampshire, New York, Rhode Island and other states had similar precursors to the Second Amendment. The Framers had just overthrown a tyrant and the image of the militia and the famed “Minutemen” remained fixed in the minds of many at the time.

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Are You in an Anti-Free Speech State? We Now Have The Definitive List

JonathanTurley

So here is the list to see if you are residing in an anti-free speech state: Arizona Colorado Connecticut Delaware Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico, New York Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin District of Columbia Here is the brief: Missouri v.

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SCOTUS to Clarify Standard for Determining Whether True Threat Exception Applies

Constitutional Law Reporter

By contrast, the Ninth and Tenth Circuits, as well as Kansas, Massachusetts, North Carolina, and Rhode Island, use a subjective standard, requiring proof that the speaker intended the statement as a threat. apply versions of an objective standard that focuses on how reasonable people would interpret the speaker’s words.

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