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19 Dec 2023, 6:30 am by Guest Blogger
This, among other things, because we reflect less, collectively, about them (these are issues that are not part of our public conversation); but also, because the levels of disagreement we show on such matters seem much higher. [read post]
2 Dec 2023, 7:56 am by Mark Tushnet
Today’s equivalent wouldn’t write the article in the way Thayer did, but—to quote Justice Kagan—trust me on this: if you compare Thayer’s article to others published in the 1890s you’ll think that the others are really old-fashioned while Thayer’s is just a little quirky. [read post]
7 Aug 2023, 9:47 am by Christine Corcos
This essay begins with my recently published book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters and then digs into a nuance I did not pursue there. [read post]
7 Aug 2023, 9:47 am
This essay begins with my recently published book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters and then digs into a nuance I did not pursue there. [read post]
6 Jul 2023, 6:30 am by Guest Blogger
The Bill of Rights, for example, was not part of the initial scheme, Jefferson and his disciples persistently argued (unsuccessfully) against making a fetish of the Constitution, and the more restrained methods of review advanced by Thayer, Holmes and Frankfurter might, in different circumstances, have gained more traction.But this is not Dawood’s point. [read post]
9 Jun 2023, 7:30 am by Guest Blogger
  Buccola’s work, with Alison Buccola, provides as convincing as argument – better than, say, James Bradley Thayer’s defense of Gelpcke v. [read post]
5 May 2023, 9:15 am by Silver Law Group
FINRA Rule 8210 allows FINRA’s enforcement attorneys the authority to investigate matters under its regulatory purview. [read post]
7 Apr 2023, 9:27 am by Eugene Volokh
Rev. 1 (1993) (documenting the importance of Thayer's work in the legal profession). [2]. [read post]
31 Jan 2023, 6:30 am by Guest Blogger
  Yes, many people understood that elections and legislation were more problematic than Ely or Thayer (or, for that matter, mainstream judicial doctrine) generally acknowledged. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumSandy Levinson            I have been teaching courses on American constitutional law for almost 50 years. [read post]
21 Dec 2022, 6:00 am by Unknown
For a fuller discussion, see my new draft essay, “What is the Matter with Dobbs? [read post]
12 Dec 2022, 6:00 am by Unknown
 I elaborate on these points in my new draft essay, “What Is the Matter with Dobbs? [read post]
30 Sep 2022, 4:00 am by Jim Sedor
National/Federal Brooklyn’s Library Moves to Slip Books Through Red State Bans MSN – Madina Touré (Politico) | Published: 9/24/2022 The front line of America’s culture war now runs straight through the nation’s school libraries, with conservatives in dozens of states outlawing books and instruction and the left working to shield targeted authors. [read post]
16 Sep 2022, 8:55 am by Lawrence Solum
One reason is that as a matter of simple psychology, it is extremely difficult for any judge consistently to embrace it. [read post]
16 Jan 2022, 7:02 pm by Omar Ha-Redeye
The existence of the SARS-CoV-2 virus and the fact that it causes COVID-19 are at the root of the matter. [read post]
6 Jul 2021, 4:23 am by Franklin C. McRoberts
Eastmore and Thayer Street cross-appealed denial of dismissal. [read post]
23 Dec 2020, 9:07 am by Sam Cohen
The Chinese state-run newspaper Global Times denounced the ARG as “US muscle-flexing actions” that “could damage regional stability,” and the paper went on to cite analysts who noted that “China should be prepared to confront the US in the South China Sea and the Taiwan Straits no matter who sits in the White House. [read post]