Search for: "Ronald Morale"
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19 Dec 2023, 6:30 am
Sunstein was, at that time, a progressive democrat who favored the egalitarian philosophy of John Rawls and defended Ronald Dworkin’s legal philosophy -theories that he would later set aside, perhaps too quickly. [read post]
18 Dec 2023, 6:30 am
More precisely, for Sunstein, there are many and varied interpretive theories that have sufficient standing to be considered "candidates" for interpreting the Constitution.[1] Through his book, Sunstein presents and explores some of these theories, including the following: textualism, semantic originalism, intent originalism, Lawrence Solum's "public meaning" originalism, expectations originalism, John Ely's protection of democracy, traditionalism, Ronald… [read post]
11 Dec 2023, 12:38 pm
Justice O’Connor’s greatest virtue on the Court, in my view, lay in her steadfast allegiance to her own moral center, regardless of what the right demanded of her, and despite being appointed by President Ronald Reagan. [read post]
1 Dec 2023, 3:45 pm
Appointed by President Ronald Reagan in 1981, she would go on to write 645 opinions, including landmark decisions upholding gender equality (1982’s Mississippi University for Women v. [read post]
7 Nov 2023, 3:34 am
Ronald and Norma Hale come up in the last 2 paragraphs, where we are informed that they have attempted to "to give legal ownership of the writings to the families of the Covenant School students. [read post]
11 Oct 2023, 6:30 am
Despite their principled political and moral disagreements, members of the public “will have prevailing reason to accept and respect as law the legislative [and administrative] outputs of [the] political order in force” if and only if they are given “an assurance that those outputs issue in conformity to certain instructions of policy contained in [a publicly accessible and legible,] higher-normative constitution” (CE, 5 and cross-reference to 48, 164, and… [read post]
10 Oct 2023, 6:30 am
Ronald Dworkin had argued that judicial decisions should be based on the principles that make the best sense of the Constitution’s provisions, while keeping faith with understandings arrived at in previous cases. [read post]
21 Sep 2023, 7:20 am
Rounding out the state-specific discussions is a cogent offering in § 5 entitled, “Workplace Violence in New York Workers’ Compensation Claims,” by Ronald E. [read post]
5 Sep 2023, 9:05 pm
Today’s liberals stand in a radical Enlightenment tradition that emphasizes civil and human rights, including an expansion of voting rights and fair representation.[8] Again, until recently, what has united these two sides has been a commitment to Enlightenment values of individual freedom, democratic decision-making processes, scientific rationality, and a fidelity to the Constitution and the rule of law – even as differences have raged with respect to such issues as the role of… [read post]
21 Aug 2023, 6:52 pm
It argues, however, that this distinction cannot be captured by understanding constitutional principles in terms of moral principles, as Dworkin suggests. [read post]
21 Aug 2023, 6:52 pm
It argues, however, that this distinction cannot be captured by understanding constitutional principles in terms of moral principles, as Dworkin suggests. [read post]
14 Aug 2023, 5:36 am
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
13 Aug 2023, 6:00 am
Legal particularism may be related to the analogous view in moral theory and the idea of the "priority of the particular. [read post]
21 Jul 2023, 6:43 am
There are many variants of this view, but to name just a few: Ronald Dworkin argued that judges should act as philosophers, promoting justice understood in an abstract way; William Eskridge has argued that statutes must be interpreted dynamically, in light of contemporary social and moral norms; and Judge Posner maintained that judges must interpret statutes pragmatically, to promote efficient outcomes. [read post]
17 Jul 2023, 7:36 am
Their standing victory launched a period of easy access to court by environmentalists, an era that ended only after Ronald Reagan remade the Supreme Court. [read post]
9 Jul 2023, 6:00 am
References Ronald Dworkin, Law's Empire (Harvard University Press 1988). [read post]
21 Jun 2023, 12:28 pm
That allowed O'Connor, also an appointee of Ronald Reagan, to avoid casting a vote to outright reverse her Bowers v. [read post]
17 Jun 2023, 7:16 pm
.); and in politics (Ronald Reagan, Margaret Thatcher, Deng Xiao Ping; Helmut Kohl; Milton Friedman). [read post]
17 Jun 2023, 6:00 am
Ronald Dworkin emphatically embraces this proposition in Justice for Hedgehogs. [read post]
7 Jun 2023, 5:00 am
In the four decades since President Ronald Reagan placed cost-benefit analysis at the heart of the U.S. regulatory system, agencies have struggled with these questions, gradually accumulating a store of practices and methods that help them tackle this difficult but essential task. [read post]
