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14 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumMark Tushnet  For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
18 Feb 2022, 6:30 am by Guest Blogger
They also worked with the belief that the president would be highly constrained by a limited supply of potential judges (onlyYale, Harvard, and William and Mary had even a single chair in law before 1790). [read post]
4 Oct 2019, 4:38 pm by Unknown
Bruhl does not cite specific examples, but highlights of this impressive body of work include William Richman & William Reynolds, Injustice on Appeal(2012); Bert Huang, “Lightened Scrutiny,” 124 Harv. [read post]
9 Sep 2019, 6:05 am by JB
This week and next on Balkinization we will be hosting a symposium on Andrew Coan's book, Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making (Harvard University Press 2019).We have assembled a terrific group of commentators, including Maggie Blackhawk (Penn), Aaron Bruhl (William and Mary), Aziz Huq (Chicago), David Marcus (UCLA), Victoria Nourse (Georgetown), Fred Schauer (Virginia), Adrian Vermeule (Harvard), and Mariah Zeisberg… [read post]
31 Mar 2019, 11:50 pm by INFORRM
Proportionality and Limitations on Freedom of Speech, Forthcoming, Fred Schauer and Adrienne Stone (eds) The Oxford Handbook of Freedom of Speech, Grégoire Webber, Queen’s University – Faculty of Law. [read post]
10 Dec 2017, 4:18 pm by INFORRM
Last Week in the Courts We understand the cases of Ellis v Wigan Council and Williams v London Borough of Croydon both settled in advance of the trials listed for 6 December 2017. [read post]
4 May 2017, 6:48 am by Jamie Baker
Kirksey was cited in the following article: William A. [read post]
5 Oct 2016, 9:16 am by Randy Barnett
 Jud Campbell (Richmond), Natural Rights And The First Amendment Commentator: Fred Schauer (Virginia) 5. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
  Thanks to Fred Schauer and Mark Tushnet for illuminating discussions, and to William & Mary students for the opportunity to talk about these important issues. [read post]
26 Jan 2013, 9:24 am
Frederick Schauer, Is the Rule of Recognition a Rule? [read post]
25 Jan 2013, 1:03 am by Sean Patrick Donlan
William Twining Is the Rule of Recognition a Rule? [read post]
16 Aug 2012, 9:53 am by Lawrence Solum
OG 79098 Freiburg im Breisgau The speakers include: Kees van Deemter (Aberdeen)Mandeep Dhami (Guildford)Christoph Engel (Bonn)Daniel Gruschke (Berlin)James Hampton (London)Leo Katz (Philadelphia)Geert Keil (Berlin)Adam Kolber (New York)David Lanius (Berlin)Ralf Poscher (Freiburg)Robert van Rooij (Amsterdam)Frederick Schauer (Charlottesville)Benedikt Schauberer (Freiburg)Jan Sieckmann (Bamberg)Barbara Spellman (Charlottesville)Andree Weber (Freiburg)Robert Williams (Leeds) Terrific… [read post]
16 Apr 2012, 4:00 am by Terry Hart
Wrote English author and churchman William Warburton in 1762: [H]e who obtaineth my copy may appropriate my stock of ideas, and, by opposing my sentiments, may give birth to a new doctrine or he may coincide with my notions, and, by employing different illustrations, may place my doctrine in another point of view : and either case he acquireth an exclusive title to his copy, without invading my property.6 Noted English jurist William Blackstone wrote of the doctrine in 1766. [read post]
15 Mar 2012, 5:37 am by Lawrence Solum
– Constitutional Precedent and the Adjudicative Process Panelists: Neal Devins, Goodrich Professor of Law, William & Mary Law School Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law Max Stearns, Professor of Law and Marbury Research Professor, University of Maryland Francis King Carey School of Law Moderator: Nienke Grossman, Assistant Professor of Law, University of Baltimore School of Law 10:30 a.m.-12… [read post]
28 Nov 2011, 4:50 pm by Colin O'Keefe
On top of the great posts by Amy Greer and William McGrath, be sure to also check out Steven Berk offering up his opinion on the proposed settlement on LXBN TV. [read post]