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3 Sep 2023, 6:00 am
The Argument from Easy Cases One way to establish that there is at least one possible case in which at least one outcome is legally incorrect has been called "the argument from easy cases" by Fred Schauer. [read post]
3 Mar 2023, 6:30 am
Here I am reminded of the wonderful title of an informative article by Fred Schauer: “Do Cases Make Bad Law? [read post]
14 Jan 2023, 6:30 am
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]
25 Aug 2022, 1:35 pm
Perhaps more curious than Schauer’s error is his citation support for his disclaimer.[2] The cited paper by Jonah B. [read post]
21 Aug 2022, 8:25 am
[Schauer] One nit: Schauer cites a paper by A. [read post]
11 Jul 2022, 11:37 am
Amy Adler, Vince Blasi, Erwin Chemerinsky, Jamal Greene, Michael McConnell, Robert Post, Fred Schauer, Geoffrey Stone, and Rebecca Tushnet, as well as Judges Stephanos Bibas, Jose Cabranes, Douglas Ginsburg, Raymond Randolph, Neomi Rao, Robert Sack, David Stras, Jeffrey Sutton, and Diane Wood. [read post]
25 Jan 2022, 2:55 pm
So far, we've published articles by (among others) Jack Balkin (Yale), Mark Lemley (Stanford), Christopher Yoo (Penn), and more. [read post]
13 Dec 2021, 6:30 am
To borrow a locution Fred Schauer used in a different context, it is like saying a butterfly is an adjusted camel. [read post]
24 Oct 2021, 12:23 pm
Future panels will include Jack Balkin, Adam Candeub, Eric Goldman & Jess Miers, Daphne Keller, Kyle Langvardt, Mark Lemley, Alan Rozenshtein, Fred Schauer, Nadine Strossen, and Jordan Wallace-Wolf. [read post]
7 Nov 2020, 3:12 am
. ● Mark your calendars for UNESCO’s World Press Freedom Conference 2020, December 9-10. [read post]
3 Apr 2020, 6:30 am
Frederick Schauer, The State’s Speech and Other Acts 3. [read post]
11 Mar 2020, 6:30 am
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia. [read post]
11 Mar 2020, 6:00 am
This week and next at Balkinization we are hosting a symposium on Helen Norton's new book, The Government's Speech and the Constitution (Cambridge University Press, 2019).We have assembled a terrific group of commentators, including Corey Brettschneider (Brown), Josh Chafetz (Cornell), Caroline Mala Corbin (Miami), Nathan Cortez (SMU), Mark Graber (Maryland), Fred Schauer (Virginia), Rich Schragger (Virginia), Nelson Tebbe (Cornell), and Sonja R West" (Georgia).At… [read post]
4 Oct 2019, 4:38 pm
I am grateful to Jack Balkin for organizing this symposium and to the commenters on Rationing the Constitution for their close, careful, and generous engagement with my book. [read post]
14 Sep 2019, 6:00 am
Such a threat may work, assuming it is otherwise credible, even if politicians know that the Court cannot invalidate everything, so long as the Court has a broad domain of choice about what to invalidate; adapting Mark Tushnet’s phrase, political actors must then reckon with a kind of “judicial overhang. [read post]
13 Sep 2019, 6:00 am
The judicial capacity model also explains why the justices have pursued their ideological goals through a fairly rigid framework of tiered scrutiny that clearly marks off various narrow categories of government action for serious review, while subjecting all others to essentially categorical deference. [read post]
31 Mar 2019, 11:50 pm
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]
27 Apr 2018, 3:52 am
Under these circumstances, Ikhilov has stated a cause of action against the Lyubarskys to recover damages for contribution (see Schauer v Joyce, 54 NY2d at 5). [read post]
30 Oct 2017, 11:16 pm
Malgosia Fitzmaurice, The History of Article 38 of the Statute of the International Court of Justice: The Journey from the Past to the Present Monica García-Salmones Rovira, Sources in the Anti-Formalist Tradition: A Prelude to Institutional Discourses in International Law Upendra Baxi, Sources in the Anti-Formalist Tradition: 'That Monster Custom, Who Doth All Sense Doth Eat' Tony Carty & Anna Irene Baka, Sources in the Meta-History of International Law: A Phenomenological… [read post]
4 May 2017, 6:48 am
Velte’s article Obergefell’s Expressive Promise was cited in the following article: Frederick Schauer, The Supreme Court As Public Educator? [read post]
