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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 by Unknown
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 by Orin Kerr
(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 by Steve Bainbridge
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 by Austin Sarat
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 by Lawrence Solum
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 by Tom Smith
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 by Keith Bice
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 by Mary L. Dudziak
"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 by David Oscar Markus
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 by Calvin TerBeek
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 by Calvin Massey
  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]
18 Jul 2016, 3:35 pm by Neil Siegel
  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 by Lawrence B. Ebert
., 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 by Mark Tushnet
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]