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30 Jun 2014, 2:16 pm by Sandy Levinson
  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]
31 Jan 2010, 4:29 pm by Lawrence Solum
Whatever Bickel actually meant by the phrase, it has now taken on a life of its own. [read post]
9 Sep 2012, 1:42 pm by Lawrence Solum
  Whatever Bickel actually meant by the phrase, it has now taken on a life of its own. [read post]
22 May 2011, 2:36 pm by Lawrence Solum
Whatever Bickel actually meant by the phrase, it has now taken on a life of its own. [read post]
17 Aug 2012, 4:42 am by Rachel Sachs
Briefly: This blog’s symposium commemorating the fiftieth anniversary of the publication of Alexander Bickel’s The Least Dangerous Branch continued with posts by Erwin Chemerinsky and Roger Pilon. [read post]
5 Apr 2012, 6:13 am by Paul Kirgis
In a forthcoming Kansas Law Review article now available at SSRN, Richard Reuben comprehensively deconstructs five of the most important FAA decisions–Prima Paint, Southland, Gilmer, Circuit City, and Concepcion–to demonstrate how they would have come out differently had the Court actually applied conservative legal principles, namely Bickel’s prudentialism, Scalia’s textualism, and Rehnquist’s federalism. [read post]
21 Mar 2007, 12:46 pm
  Of course, I also like the piece because it is in harmony with my article last year on lethal injection developments for the Cato Supreme Court Review, entitled "Finding Bickel Gold in a Hill of Beans," in which I urged Congress and state legislators to do more to clean up the lethal injection mess. [read post]
20 Aug 2012, 6:20 am by Marissa Miller
This blog’s symposium commemorating the fiftieth anniversary of the publication of Alexander Bickel’s The Least Dangerous Branch continued with posts by Richard Epstein and Sanford Rosen. [read post]
25 Sep 2007, 5:38 pm
  Here are links to some of her writings I've previously highlighted in this blog: Academic insights on the lethal injection scrummages (noting Debby's article entitled "The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty") Seeking balanced scholarly wisdom on lethal injection mess (noting Debby's article entitled "Death Bed")  The legal attack on lethal injection (noting Debby's article entitled… [read post]
16 Apr 2008, 7:31 am
Finding Bickel Gold in a Hill of Beans (my article about last SCOTUS lethal injection case) My debatable PENNumbra views on Baze Is it time to seriously consider alternatives to lethal injection? [read post]
11 Jul 2012, 9:05 pm by Walter Olson
The good, the bad, and the beyond belief: “Ten Commandments” judge no favorite with business defendants: “Trial lawyers putting their campaign cash behind Roy Moore for Alabama chief justice” [Birmingham News via Charlie Mahtesian, Politico; same thing twelve years ago] From James Taranto, a brief history of Supreme Court leaks [WSJ "Best of the Web," mentions my Daily op-ed] Pennsylvania: Judge’s swearing-in ceremony “was filled with appreciation to… [read post]
5 Jul 2012, 12:47 pm by Lawrence Solum
First, this distinction explains the connection between the countermajoritarian difficulty and the “passive virtues” technique that Alexander Bickel devised for the Court. [read post]
7 Jan 2008, 2:45 pm
  And, for anyone interested in a review of the day in Baze posts and my prior scholarly writings on lethal injection protocols, here is a recap: The secret story behind the Baze case A great animal irony in the Baze oral argument Early reflections on the Baze oral argument Putting Baze et al. in perspective The Baze argument (finally) and the long litigation path to Baze My debatable PENNumbra views on Baze Finding Bickel Gold in a Hill of Beans (my article about last… [read post]
9 Apr 2012, 4:59 am by Lawrence Solum
A long line of leading constitutional scholars, such as Bruce Ackerman, Alexander Bickel, Charles Black, Walter Dellinger, Gerald Gunther, and Michael Paulsen, have argued that the Constitution does not authorize limited conventions. [read post]
16 Aug 2012, 6:18 am by Cormac Early
  Briefly: This blog’s symposium marking the fiftieth anniversary of the publication of Alexander Bickel’s The Least Dangerous Branch continued with contributions from Floyd Abrams and Adam White. [read post]
22 Aug 2012, 6:57 am by Conor McEvily
This blog’s symposium on Alexander Bickel and the fiftieth anniversary of the publication of The Least Dangerous Branch concludes with a post from Stephen I. [read post]
26 Dec 2006, 8:08 am
Major Articles Conceptualizing Booker Tweaking Booker: Advisory Guidelines in the Federal System Finding Bickel Gold in a Hill of Beans Making Sentencing Sensible (with Stephanos Bibas) Major Commentaries Reasoning Through Reasonableness Perspectives on Booker's Potential Now What? [read post]