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27 Mar 2015, 10:00 am
Relatedly, Alexander Bickel’s articulation of the “countermajoritarian difficulty” — the idea that judicial review is a deviant function in a democratic society — informs much of modern constitutional theory. [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]
7 Dec 2014, 9:05 pm
For me, Bickel’s columns will always be the real New Republic. [read post]
27 Oct 2014, 4:58 pm
NYU Law‘s Bickel & Brewer Latino Institute for Human Rights presents its 4th Annual Conference, The Latino Child and the Law, November 7, 2014. mkt [read post]
23 Oct 2014, 6:10 pm
On Friday November 7, the Bickel & Brewer Latino Institute for Human Rights Symposium at NYU School of Law is holding a symposium on "The Latino Child and the Law. [read post]
10 Oct 2014, 5:47 am
[Alexander] Bickel's 'virtues' are 'passive' in name and appearance only: a virulent variety of free-wheeling interventionism lies at the core of his devices of restraint. [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]
6 Oct 2014, 9:30 pm
It seems content for the time being to keep “persuading before it attempts to coerce,” as Alexander Bickel put it in 1962. [read post]
22 Sep 2014, 9:30 pm
All meetings from 4-6 at the National Humanities Center, unless otherwise noted.September 12: John Wertheimer, Professor of History, Davidson College “Before Femicide: Domestic Abuse and the Law in Mid-Twentieth-Century Guatemala” October 10: Kunal Parker, Professor of Law, University of Miami "How Law Should Avoid Mistakes: Alexander Bickel's Jurisprudence of Mood. [read post]
19 Sep 2014, 6:06 am
” At ACSblog, Adam Winkler cites the extent to which the Court has adhered to Alexander Bickel’s “passive virtues” in the context of its jurisprudence on equal rights for gays and lesbians to support his argument that we shouldn’t “be surprised if the Court stays out of the fray – at least until there is a circuit split. [read post]
10 Sep 2014, 2:04 pm
Judge Kopf cites to Alexander Bickel for the idea that the judiciary is designed to be the "least dangerous branch of government. [read post]
29 Aug 2014, 2:13 pm
Bickell held that position and will continue to perform those duties until the vacancy is filled. [read post]
18 Aug 2014, 4:24 pm
Among her duties in that role will be attending Court sessions, overseeing the operation of the Court's electronic docketing system, preparing regular statistics regarding the Court's cases, overseeing preparation of the Court's journal, and overseeing cases on the Court's original docket.Jordan "Danny" Bickell has been appointed to serve as Deputy Clerk for Practice and Procedure. [read post]
14 Aug 2014, 6:59 am
These militaristic, often black, jumpsuits, Bickel fears, make them less approachable and possibly also more aggressive in their interactions with the citizens they're supposed to protect. [read post]
7 Jul 2014, 7:34 pm
**Bickel was not trying to protect the Court itself. [read post]
30 Jun 2014, 2:16 pm
Perhaps she should reread Alex Bickel's Unpunblished Opinions of Justice Brandeis, which included some suppressed dissents on the ground that it would be better to pretend agreement and then, at a later case, argue that the precedent was in fact a narrow one rather than to ring the alarm and thus concede the merits of a later argument about its breadth. [read post]
23 Jun 2014, 12:57 pm
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
9 Jun 2014, 10:00 am
Popular constitutionalism is inspired by the same faith in the democratic political process as the judicial restraint advocated by James Bradley Thayer, Felix Frankfurter, and Alexander Bickel. [read post]
2 Jun 2014, 7:51 am
The public has long observed what Alexander Bickel termed an “unruly contest” between press and government, but whether this contest is desirable or not is too early to tell (to steal Mao’s well-known remark about the French Revolution). [read post]
28 May 2014, 3:56 pm
Una de ellas es Alexander Bickel (llamado a ser uno de los profesores más importantes del constitucionalismo americano), a quien Frankfurter le encomendó la trabajosa tarea de investigar en polvorientos archivos del siglo XIX para establecer si había habido una definida intención al momento de proponer las reformas constitucionales de la posguerra civil. [read post]
