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When the Nazis talked about the law of nature or when the Bolsheviks talk about the law of history, neither nature nor history is any longer the stabilizing source of authority for the actions of mortal men; they are movements in themselves. [read post]
20 Jul 2023, 9:05 pm by Jordan Lassiter
” WHAT WE’RE READING THIS WEEK  In a recent article in the Center for American Progress, Kyle Ross, a research associate at American Progress,  argued that the current Supplemental Nutrition Assistance Program Employment and Training Program (SNAP E&T) program has several flaws that can and should be addressed in the upcoming Farm Bill reauthorization.. [read post]
19 Jul 2023, 1:30 pm by Satya Marar
We cannot let a principle that Congress never wrote into law trump a principle that Congress made a core feature of that law. [read post]
10 Jul 2023, 11:15 am by Dan Lopez
That’s the principle thing that you have to prove when you’re trying to prove an aftermarket theory under the Supreme Court’s opinion in Kodak v. [read post]
10 Jul 2023, 4:00 am by Marc Bhalla
” Susskind offers views on the principles of justice, rule of law and purpose of the courts. [read post]
6 Jul 2023, 6:30 am by Guest Blogger
Fishkin criticises me for ‘never squarely discuss[ing] the fact that Reconstruction Republicans sought to re-build the regime entirely around ‘legislative power and legislative duty, not courts’. [read post]
3 Jul 2023, 6:21 pm
Problems 16 (2006) 29-102;  at n. 29  (referencing the power of the Federalist Papers as a foundational ideological campaign in American constitutionalism)). [read post]
3 Jul 2023, 2:53 am by SHG
Most of the time, we have no clue what they’re doing, as there are just too many agencies engaged in too many actions for anyone to notice. [read post]
30 Jun 2023, 9:41 am by Eugene Volokh
Perhaps most importantly, the Government's proffered interpretation lacks any true limiting principle. [read post]
30 Jun 2023, 6:30 am by Guest Blogger
 But those two aren't compatible---the former requires a kind of thin and legalistic constitution suitable for interpretation through standard judicial processes, while the latter requires broad assertions of collective principle, which, if they're to be interpreted by judges, undermines democratic contestation over the common good. [read post]
29 Jun 2023, 2:37 pm
  It is at moments like that when the old tensions re-emerge and the old battles--nicely decanted in marvelously interesting vessels, re-emerge to both entertain and manage the popular perceptions, as a predicate for allowing ruling groups to act. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
” Proponents of the Equal Protection Clause described its “foundation[al] principle” as “not permit[ing] any distinctions of law based on race or color. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
” Proponents of the Equal Protection Clause described its “foundation[al] principle” as “not permit[ing] any distinctions of law based on race or color. [read post]
28 Jun 2023, 10:30 am by Guest Blogger
In a constitutional democracy, Loughlin argues, this tension is kept alive through political action and deliberation rather than bring reconciled by judges. [read post]