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21 Oct 2023, 7:38 am by Dale Carpenter
As you can see in the video, there were a few slivers of common ground surrounded by quite a bit of passionate but respectful disagreement. [read post]
18 Oct 2023, 6:42 am by brbadmin
Those that are aware have, by and large, taken a wait-and-see approach to either advising their clients and business associates or evaluating their own compliance profile. [read post]
16 Oct 2023, 6:30 am by Guest Blogger
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Frank Michelman Warm thanks to good friends for these smart and attentive commentaries. [read post]
15 Oct 2023, 9:03 pm by renholding
When Congress in Dodd-Frank mandated that the SEC write rules with regard to short selling disclosure, they did so by amending that same section, 13f. [read post]
13 Oct 2023, 6:30 am by Guest Blogger
As Frank says,  JBC ‘ does not make liberalism  mean constitutionalism. [read post]
12 Oct 2023, 6:30 am by Guest Blogger
  With Karl Klare (and others), I don’t see how the strategy of deflection is supposed to work. [read post]
11 Oct 2023, 6:30 am by Guest Blogger
  Rawls, on Frank’s account, is thin on legal reasoning (see, e.g., CE, 75-76). [read post]
10 Oct 2023, 6:30 am by Guest Blogger
”  “Procedures,” as Frank explains in his book, “are a resort for groups of per­sons who find themselves divided over policies for their group but who even so prefer (or see no choice but) to stick together rather than go their separate ways. [read post]
9 Oct 2023, 6:30 am by Guest Blogger
In the final chapter of CE one sees (as one also does in the final chapter of a book co-authored with Alessandro Ferrara published two years before CE - see Ferrara and Michelman, Legitimation by Constitution (LBC), OUP, 2020) Frank insisting on a liberalism that cannot become too thin (too tolerant), lest it allows itself to become undone by the hand of illiberal or anti-liberal political forces. [read post]