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18 Jan 2022, 3:50 am
Noah Feldman's book "Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices Paperback" begins with the quote "The Supreme Court is nine scorpions in a bottle," attributed to Alexander Bickel, law clerk to Justice Felix Frankfurter, 1952–53, and drops this footnote: [read post]
15 Feb 2024, 6:00 am
But as Alexander Bickel famously responded to Wechsler, it is an extremely common feature of Supreme Court decisions—and quite possibly necessary for a constitutional court to function in a broadly majoritarian system. [read post]
24 Mar 2010, 12:14 pm
(In contrast to Todd, I found Hayek’s Law Legislation & Liberty Vol. 1 quite disappointing.) 5) Alexander Bickel, The Least Dangerous Branch (read in 1996). [read post]
11 Jul 2011, 9:14 am
I discovered the writings of Alexander Bickel advocating judicial restraint, and it was largely for this reason that I decided to go to Yale Law School. [read post]
27 Apr 2020, 9:01 pm
But Bickel’s point was that voters should be given wide latitude to decide on the key issues of the day. [read post]
22 Jul 2010, 4:45 am
I claim, among other things, that Alexander Bickel’s justification of judicial review as a “sober second thought” is untenable, and that the Supreme Court should adopt a norm that two successive decisions, not merely one, are necessary to create binding law. [read post]
12 Feb 2008, 7:44 pm
Dean Emeritus Bill Hines played Solicitor General Griswold, former UI General Counsel Mark Schantz played Alexander Bickel, and eight of my colleagues and I played the Supreme Court justices. [read post]
12 Nov 2019, 10:12 am
Alexander Bickel would say this is a passive virtue, but it looks more like the Court is conserving its political capital so it can use it in the future, such as when it solved the abortion issue. [read post]
24 Mar 2011, 1:15 pm
Toby McClamroch, Managing Partner of Bingham McHale and Bill Bickel, Director of the Holy Family Shelter. [read post]
11 Jul 2012, 10:16 am
Investigator Andy Bickel stated that wearing life jackets could have prevented the high number of drowning deaths. [read post]
30 Nov 2011, 5:10 am
"The Most Dangerous Branch: The Supreme Court and Its Critics in the Warren Court Era" is a recent dissertation of interest by Christopher Allen Hinkman, George Washington University. [read post]
4 Sep 2012, 6:52 am
Bickell provided a rare inside look at the Supreme Court’s oversight of the machinery of death in the United States. [read post]
7 Jun 2017, 2:22 pm
Neither Bickel's evolution nor Bork's took place in response to Brown, and indeed their mutual evolution on constitutional law took place over a decade later. [read post]
11 Jun 2015, 1:32 pm
To paraphrase Bickel: Was this an occasion where a decision on the merits was really necessary? [read post]
15 Oct 2007, 4:01 am
What I appear to be tentatively endorsing here, is a radical extension of what Alexander Bickel somewhat problematically called the "passive virtues"---the notion (for Bickel with respect to the Supreme Court but in my conception all over the place) that it may be appropriate to manipulate the agenda in a somewhat unprincipled fashion so as to avoid having to make substantively dangerous decisions.Posted by Mike Dorf [read post]
16 Feb 2012, 4:33 pm
Alexander Bickel would be proud. [read post]
16 Feb 2012, 4:38 pm
Alexander Bickel would be proud. [read post]
18 Jul 2016, 3:35 pm
On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. [read post]
3 Apr 2016, 11:14 am
., 1995) , then worked for Bickel & Brewer LLP and then Jones, Day, but later got a job as a local reporter in Washington, D.C. [ WJLA-TV ]Of some political interest, Megyn Kelly is mentioned in the law review article CONSUMER PROTECTION IN THE MARKETPLACE OF IDEAS: A PROPOSAL TO EXTEND THE NEWS DISTORTION DOCTRINE TO CABLE TELEVISION NEWS PROGRAMS; 40 T. [read post]
3 Jun 2017, 9:12 pm
Of course there were earlier examples of commentary on pending and recently decided cases (Felix Frankfurter and Alex Bickel in The New Republic), which were aimed in part at public education/propaganda and in part at some of the justices themselves. [read post]