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30 May 2012, 5:30 am
Our system’s ability to neatly ignore or accept this reality, especially in the context of what is supposed to be a doctrine of equity, speaks volumes and is helpful to keep in mind as we start wading into the tricky realm of judging “adequacy” and assessing differences between national judiciaries and differing legal cultures. [read post]
14 Mar 2017, 9:01 pm
How dare anyone imagine that we could learn anything from foreigners! [read post]
25 Jan 2021, 9:01 pm
The loss we carry, a sea we must wade. [read post]
2 Jun 2013, 4:19 pm
I have started looking up old Louisville Courier-Journal articles for members of the Brandeis and Harlan families, with the goal of posting here anything interesting I find. [read post]
8 May 2008, 7:48 am
Wade is a poorly reasoned decision and even question the legitimacy of substantive due process jurisprudence merely because, in a typically academic fit of vanity, she fears that her statement might lead to the downfall of constitutional protection for abortion, or, more to the point, because she fears she will be drummed out of polite circles, then she is falling short in her obligations as an academic. [read post]
26 May 2009, 10:08 am
So, the announcement has been made, and the press releases -- pro and con -- that have been sitting ready for days and weeks now are shooting their way back and forth like a screen-capture from Joshua in Wargames. [read post]
1 Jun 2012, 7:02 am
Fine-Dare, Kathleen S. [read post]
11 Sep 2010, 11:37 pm
Looming in the background of the ongoing conversation over the appropriate way forward on detention (both at Guantánamo and elsewhere) is S. 3707 (the “Terrorist Detention Review Reform Act,” better known as the Graham bill), introduced last month and framed as one of the most comprehensive attempts yet at legislative resolution (or at least clarification) of many of the recurring issues in the post-Boumediene habeas litigation. [read post]
25 Jan 2018, 10:18 am
Below are the remarks delivered by me on January 24th in Delhi at this one of a kind event. [read post]
28 Apr 2023, 4:00 am
National/Federal Chief Justice Declines to Testify Before Congress Over Ethics Concerns DNyuz – Abbie VanSickle (New York Times) | Published: 4/25/2023 Chief Justice John Roberts told the Senate Judiciary Committee he was declining its invitation to testify about ethics rules for the Supreme Court. [read post]
1 Jun 2012, 7:02 am
Fine-Dare, Kathleen S. [read post]
6 Jun 2021, 12:01 pm
Pix Credit USA Today HERE As time moves further and further from the middle of the last century, and as the character of the events that determined the outcome of the last part of the wars that engulfed Europe between 1914 and 1944 increasingly become history rather than experience, one stands at that very brief point in history between living memory (and its immediacy) and and the recording of the memories of those no longer here (and its remoteness in virtually every respect). [read post]
7 Feb 2019, 9:17 am
Long before the elections of 2016, the American Republic had been moving toward more formal and open hostilities in the cultural civil war, one with social, economic, cultural and political consequences, that was one of the great consequences of the immediate post 1945 period. [read post]
2 Feb 2010, 11:25 am
Those who took the time and made the effort to nominate their personal recommendations for Blawg Review of the Year 2009 know how daunting a task it is to single out a half dozen outstanding presentations of Blawg Review in 2009. [read post]
2 Feb 2010, 11:25 am
Those who took the time and made the effort to nominate their personal recommendations for Blawg Review of the Year 2009 know how daunting a task it is to single out a half dozen outstanding presentations of Blawg Review in 2009. [read post]
