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28 Aug 2008, 3:18 pm
Indeed, there are a number of constitutional arguments I make that counter, on the one hand, arguments by those like Tom Colby, who thinks that "retributive damages" would require the panoply of criminal procedural safeguards, and on the other hand, arguments by those like Marc Galanter and David Luban, who think the fact of privately initiated lawsuits for punitive damages means that relatively nothing in the way of procedural safeguards are constitutionally… [read post]
6 Feb 2013, 8:18 am
As David Luban has argued, the rule of law manifests an attitude of respect by the governors toward the governed. [read post]
8 Oct 2007, 4:04 am
At Balkinization, David Luban had a few thoughts on revelations late last week about more "torture memos" in the Bush Administration Justice Department. [read post]
17 Oct 2017, 4:00 am
And as David Luban wrote yesterday on the Just Security, “No defense lawyer could competently represent a client under those circumstances, and incompetent representation is itself unethical. [read post]
22 Nov 2016, 10:46 am
Clara Hendrickson alerted readers to a new episode of the Chess Clock Debates, featuring Dan Byman and David Luban on whether there is a duty to serve in government under Donald Trump. [read post]
17 Apr 2013, 4:37 pm
“Even those who think that death is a continuation, and not an ending, can benefit from contemplating the implications of annihilation. [read post]
26 Feb 2010, 11:15 am
It had to happen, as night follows day.After David Margolis concluded that the Bybee Memos showed mere "poor judgment" rather than professional misconduct, it was only a matter of time before someone would spin Margolis into an endorsement of the memos. [read post]
29 Mar 2010, 7:40 am
Center-left legal critics of the Bush administration, including well known commentators like David Luban, Scott Horton, and Marty Lederman, face what I would call the "Jackson problem. [read post]
27 May 2010, 9:10 am
Finally, David Luban has reviewed the Daniel Markovits book that we've discussed here at some length and which Monroe Freedman (with Abbe Smith) reviewed and criticized. [read post]
22 Sep 2006, 11:46 am
Jack Balkin, here; David Luban, here; Sandy Levinson, here; Marty Lederman, here. [read post]
5 Jul 2010, 5:00 am
Furthermore, the normative justification for crimes against humanity continues to engage deep thinkers, as illustrated by a number of recent treatments by such scholars as David Luban, Larry May, and Richard Vernon.I explore some of the persistent normative debates and doctrinal ambiguities that surround crimes against humanity in my contribution to the forthcoming The Routledge Handbook on International Criminal Law, edited by our colleagues, William A. [read post]
4 Aug 2010, 8:55 pm
., David Luban), which thereby permits some willingness to avoid or evade the law to achieve deeper moral purposes or values, or a strong commitment to the authority of law, which prohibits any avoidance or evasion of the law (Brad, leaving, for the moment, the question of what an avoidance or evasion actually looks like).Ultimately, I think these points are also interesting because I think tthat one's perspective on how people in the world approach the law - respectfully,… [read post]
10 May 2007, 5:31 pm
" The brief was offered by three bar associations, the Association of Professional Responsibility Lawyers, the International Senior Lawyers Project, and two professors specializing in lawyers' professional obligations -- Stephen Gillers of New York University and David Luban of Georgetown Law Center. [read post]
2 Jul 2019, 4:03 am
” At Take Care, David Gans asserts that Rucho v. [read post]
23 May 2013, 11:43 am
As a matter of morality, David Luban argues, “the nationality of casualties is irrelevant. . . [read post]
8 Jun 2012, 8:53 am
Ben already mentioned this piece in the Boston Review by David Luban. [read post]
29 Mar 2009, 10:00 am
(I am eager to see if David Luban, one of the country's leading authorities on legal ethics, sees any merit in Prof. [read post]
12 Jan 2011, 11:36 am
Schabas].Toronto : Irwin Law, c2010.International Criminal LawK5015.4 .L83 2010International and transnational criminal law / David Luban, Julie R. [read post]
24 Oct 2014, 7:22 am
As David Luban correctly notes, “the DTA prohibit CIDT by the United States everywhere on the planet, it prohibits loophole lawyering to evade the ban. [read post]
27 Jun 2008, 4:43 pm
Philosophy is good for what David Luban in another context called intellectual hygiene. [read post]
