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27 Dec 2022, 6:00 am by Neil H. Buchanan
  This is an especially clear view into the compete emptiness of the anti-government presumptions that have long fed the conservative movement. [read post]
2 Dec 2022, 6:30 am by Guest Blogger
There six justices, through an opinion by Justice Thomas, seemingly constitutionalized a principle of “open carry” of firearms that makes it difficult to limit their presence in public life.I am increasingly persuaded that Ronald Dworkin has finally found his most avid devotees, in a way that would probably distress him, in the current majority of the Supreme Court. [read post]
28 Nov 2022, 2:29 pm by Ilya Somin
As Tracinski notes, the political left also has a long history of hostility to rival elites, such as wealthy businessmen and social conservative religious leaders. [read post]
17 Nov 2022, 6:30 am by Guest Blogger
Worse yet, it has continued to do so long after Ely, in 1992, applauded Casey as rightly decided. [read post]
10 Nov 2022, 6:30 am by Guest Blogger
Indeed, Ronald Coase is nowhere mentioned in this book, even though he made transaction costs the center piece of his writings. [read post]
7 Nov 2022, 9:04 pm by Jeffrey Lubbers
McGrath as representing “a long period of study and strife; it settles long continued and hard fought contentions, and enacts a formula upon which opposing social and political forces have come to rest” and “contains many compromises and generalities, and no doubt, some ambiguities. [read post]
” Russia is not characterized as a long-term challenger but, instead, as an “immediate threat” to the international order. [read post]
1 Nov 2022, 6:45 am by Lawrence Solum
The case was decided as it was only because Donald Trump was victorious in the 2016 election and (unlike Ronald Reagan and George H. [read post]
28 Oct 2022, 4:00 am by Guest Author
Unlike writers such as John Hart Ely and Ronald Dworkin, Shane is not immediately interested in how judicial review is exercised and how individual rights are defined. [read post]
26 Oct 2022, 9:01 pm by Neil H. Buchanan
Conservative financial market types, then, should presumably have loved the return of policies once advanced by Margaret Thatcher and Ronald Reagan, which should have made the bond vigilantes and the Confidence Fairy happy.The alternative conservative vision, however, arguably prevailed in this case. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
             But it is at this point that I want to veer in a “meta direction,” away from any specific analysis of Fleming’s particular argument, built in some ways on the insights of Ronald Dworkin but far better developed, precisely because of its careful attention to actual cases, than anything ever written by Dworkin. [read post]
23 Oct 2022, 10:48 am by Lawrence Solum
  Legal principles provide mandatory considerations, but may be consistent with the exercise of discretion, so long as the principle is taken into account in cases in which it is relevant. [read post]
21 Oct 2022, 5:17 am by Michael C. Dorf
The Court –the  theory goes – was reflecting the triumph of a “long movement” – one that went back to the reaction to Roe and its amplification of a movement reflected in rightwing organizations like the Federalist Society and the realization of conservative politicians like Ronald Reagan that they could win by embracing the agenda of the Christian Right. [read post]
20 Oct 2022, 4:00 am by Administrator
A Structural Approach to Identifying Responsibility How environmental inequality emerges has long been a subject of debate. [read post]
17 Oct 2022, 9:01 pm by Neil H. Buchanan
It matters not to them that Republicans were more than happy to ignore increases in government debt when Donald Trump, the Bushes, and Ronald Reagan occupied the White House. [read post]
14 Oct 2022, 4:12 am by SHG
A condition like Alzheimer’s may have rendered Ronald Reagan unable to perform his duties as president long before his second term expired. [read post]