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1 Apr 2011, 7:37 am
Although the antidemocratic dilemma bears a superficial resemblence to problems noticed by Bickel, Ely, and others, the account offered here offers a deeper and more sophisticated theory of democratic accountability that unifies and transcends prior accounts. [read post]
19 Mar 2014, 6:48 pm
A Police Department spokesperson, Lieutenant Joe Bickel, said that “during the course of the investigation, Irsay subsequently failed several roadside field sobriety tests … [and then police found] multiple prescription drugs … and pill bottles” in his vehicle. [read post]
14 Jul 2010, 2:45 pm
Based on the harsh write-up for Cafe Scotus, it sounds like the judiciary is — with apologies to Alexander Bickel — the most dangerous branch. [read post]
30 Oct 2007, 4:00 am
"William A, Brewer III of the commercial litigation firm Bickel & Brewer said, "the firm gets "zero" business from the ads, but he has noticed an "uptick" in support for the firm's pro bono activities after the ads run. [read post]
8 Oct 2014, 8:56 am
*Neil Siegel analyzes the cert denials as a form of persuading rather than coercing lower courts to strike down same-sex marriage bans, a “passive virtue” (Alexander Bickel’s phrase) that the Court adopts in times of constitutional transition. [read post]
7 Nov 2011, 12:52 pm
Boulter and his affiliates,” William Brewer III, partner at Bickel & Brewer and counsel for 3M, said in a statement. [read post]
16 Dec 2009, 2:10 pm
Based on published sources, the list of corporations and law firms offshoring legal work and the type of work they are outsourcing includes: Corporations Accenture – support, contracts American Express Andrew Corp Cadence Design Systems – document review Dell – procurement and sales contracts DuPont – document review General Electric – contracts General Mills – patent work Jones Lang LaSalle – contract review and management Microsoft – patent work… [read post]
11 Nov 2008, 1:32 pm
Yet part of what discretionary control over the docket enables is the exercise of what Alexander Bickel famously referred to as "the passive virtues," i.e., the ability to manipulate the docket to avoid deciding socially controversial issues. [read post]
10 Jun 2019, 11:23 pm
As you know, that phrase is generally attributed to Alexander Bickel and his famous book The Least Dangerous Branch. [read post]
26 Dec 2010, 2:07 pm
Madison, Bickel, Thayer, and, um, that'll do. [read post]
23 Aug 2012, 7:47 am
(Re Bickel, see here for a recent online Symposium on the 50th anniversary of the publication of his The Least Dangerous Branch.) [read post]
7 Dec 2014, 9:05 pm
For me, Bickel’s columns will always be the real New Republic. [read post]
4 Oct 2019, 4:38 pm
I am grateful to Jack Balkin for organizing this symposium and to the commenters on Rationing the Constitution for their close, careful, and generous engagement with my book. [read post]
19 Sep 2019, 5:30 am
Consider Bickel’s recommendation that a Court concerned with capacity should decide cases on narrow grounds rather than broad ones, and that it should time its interventions in a way that is sensitive to politics unfolding in other branches (in order to not replicate or displace their work). [read post]
31 Aug 2011, 9:12 pm
Brewer III, name partner at Bickel & Brewer. [read post]
11 Aug 2011, 2:23 pm
Brewer III, partner at Bickel & Brewer and lead counsel for M Waikiki, said in a statement to HotelNewsNow.com. [read post]
28 Feb 2015, 11:05 am
In seeking to understand why Justice Kennedy’s opinion seemed to preserve for itself a Delphic obscurity, I suggested that the opinion is best read as an exemplar of what judicial opinions may look like in transition periods, when the Court may seek to invite, not to end, a national conversation, and to nudge it in a certain direction—“persuading before it attempts to coerce,” as Alexander Bickel put it in 1962. [read post]
25 Jun 2020, 6:30 am
Should they employ what Alexander Bickel once called the “passive virtues” and use various procedural and jurisdictional devices to delay articulation of constitutional norms, or should they push forward as soon as a genuine constitutional question is properly raised? [read post]
11 Jan 2023, 6:00 am
Re’s argument resembles, though it is not identical to, earlier arguments for judicial gradualism made by Cass Sunstein and Alexander Bickel. [read post]
13 Mar 2013, 6:35 pm
(In his famous book, The Supreme Court and the Idea of Progress, Alexander Bickel criticizes arguments from the future precisely because they presume to know the direction in which history is moving.)Thus, both a defender of same-sex marriage and a defender of traditional marriage might make arguments from the future in the Marriage Cases. [read post]
