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16 Jun 2024, 6:00 am
Other figures that are associated with this version of the legal process approach include Lon Fuller, Alexander Bickel, and John Hart Ely. [read post]
9 Jan 2024, 12:05 pm
Hayek, Why I am Not a Conservative, in The Constitution of Liberty (Ronald Hamowy ed., 2011) (1960). [read post]
19 Dec 2023, 6:30 am
Sunstein was, at that time, a progressive democrat who favored the egalitarian philosophy of John Rawls and defended Ronald Dworkin’s legal philosophy -theories that he would later set aside, perhaps too quickly. [read post]
18 Dec 2023, 6:30 am
More precisely, for Sunstein, there are many and varied interpretive theories that have sufficient standing to be considered "candidates" for interpreting the Constitution.[1] Through his book, Sunstein presents and explores some of these theories, including the following: textualism, semantic originalism, intent originalism, Lawrence Solum's "public meaning" originalism, expectations originalism, John Ely's protection of democracy, traditionalism,… [read post]
14 Aug 2023, 5:36 am
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
3 Jul 2023, 6:30 am
Ronald Dworkin would serve as an epitome of the “constitutional project” that Loughlin wishes to undermine. [read post]
26 Jan 2023, 8:00 am
It is not irrelevant that the leading American—and perhaps world-wide—jurisprude of the era was Ronald Dworkin. [read post]
18 Jan 2023, 5:00 am
Wade) that he thought did not fit within the representation-reinforcement framework.Seen that way, Ely’s theory may be understood as a specific exemplar of the general methodology promoted by coherentists like Ronald Dworkin. [read post]
17 Jan 2023, 6:30 am
Seen that way, Ely’s theory may be understood as a specific exemplar of the general methodology promoted by coherentists like Ronald Dworkin. [read post]
13 Jan 2023, 6:30 am
Hart and Ronald Dworkin. [read post]
12 Dec 2022, 6:00 am
Under every mainstream approach to constitutional decision-making, even Ronald Dworkin’s, other legal norms constrain the role of moral judgment. [read post]
17 Nov 2022, 6:30 am
If Ely was capable of doing so, they should be able to as well! [read post]
28 Oct 2022, 4:00 am
Unlike writers such as John Hart Ely and Ronald Dworkin, Shane is not immediately interested in how judicial review is exercised and how individual rights are defined. [read post]
25 Oct 2022, 6:30 am
Detractors, on the other hand, including his former law clerk John Hart Ely, viewed this as basically sentimental, inviting judges to impose their own views of “fairness” on the body politic. [read post]
6 Sep 2022, 3:28 pm
How Other Courts Have Applied SuperValu Making it to a jury was far from inevitable for Ronald Streck, the relator in the Eli Lilly case. [read post]
21 Aug 2022, 6:00 am
Other figures that are associated with this version of the legal process approach include Lon Fuller, Alexander Bickel, and John Hart Ely. [read post]
9 Aug 2022, 5:01 am
Navy announced that the Ronald Reagan Carrier Strike Group was operating in the South China Sea for the first time during its 2022 deployment. [read post]
10 Jul 2022, 6:30 am
Whatever the critiques offered by both of those authors, there was a genuine confidence that the Supreme Court, if only properly chastened by the particular approaches favored by Bickel and Ely, could play vital roles in protecting and preserving what both viewed as a vibrant democracy. [read post]
17 Feb 2022, 9:01 pm
Silence.To offer another example of the “hear no evil, see no evil” posture that typifies state responses following a botched execution, consider Alabama’s 2016 execution of Ronald Smith. [read post]
11 Oct 2021, 4:00 am
The former NBA players charged include Terence Williams, Alan Anderson, Anthony Allen, Shannon Brown, WIliam Bynum, Ronald Glen DAvis, Christopher Douglas-Roberts (“Supreme Bey”), Melvin Ely, Jamario Moon, Darius Miles, Milton Palacio, Ruben Patterson, Eddie Robinson, Gregory Smith, Sebastian Telfair, Charles Watson Jr., Antoine Wright, and Anthony Wroten. [read post]
