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7 Apr 2024, 9:05 pm by renholding
As Thomas Piketty has shown, returns to capital and to labor have been heavily skewed toward capital in recent decades due largely to legal and economic frameworks.[23] With respect to politics, one often hears that business should remain “neutral. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
  Then the solidly and increasingly conservative George Sutherland replaced the progressive John Clark, an event that proved to be “a significant turning point” (39) and “steered the Court sharply to the right” (45). [read post]
24 Dec 2023, 9:05 pm by The Regulatory Review
Pierce, Jr., George Washington University School of Law Recent appellate judge’s dissent charts a radical approach to the nondelegation doctrine. [read post]
14 Aug 2023, 5:36 am by Guest Author
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
8 Jun 2023, 2:31 am by Seán Binder
George Bowden reports for BBC News. [read post]
26 Dec 2022, 9:05 pm by Series of Essays
Pierce, Jr., George Washington University Law School Another regulatory approach to mandate vaccines could have withstood judicial scrutiny. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  Anyone reading Federalist 1 might be forgiven for thinking that it was written by Thomas Jefferson (and not Alexander Hamilton) inasmuch as it is suffused with a faith in “the people” and their capacity for disciplined “reflection” and then wise “choice. [read post]
26 Aug 2022, 4:00 am by Jim Sedor
National/Federal An Unusual $1.6 Billion Donation Bolsters Conservatives Seattle Times – Kenneth Vogel and Shane Goldmacher (New York Times) | Published: 8/22/2022 A new conservative group received $1.6 billion from one donor, which among the largest – if not the largest – single contributions ever made to a politically focused nonprofit. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
Today’s justices make generous use of legal canons—those old principles of interpretation that come from Roman law and are often, perhaps surprisingly, shared with Islamic law.[15]After Karl Llewelyn excoriated the use of these legal canons to interpret statutes as incoherent over half a century ago, Justice Scalia and his textualist colleagues (and disciples) rehabilitated them.[16]They are now favored tools for Justices Barrett, Kavanaugh, Gorsuch, Alito, Roberts, and Thomas. [read post]
24 Jun 2022, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable on Law, Literature, and Other Performing Arts, convened as part of LevinsonFest 2022. [read post]