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22 Jul 2019, 4:10 am
The real point of Blow’s rhetorical question isn’t to evoke a response, but to nudge the Overton Window of racism further away from discussion of what is racism to why white people won’t do racism when black people tell them to. [read post]
8 Jul 2019, 9:01 pm
Dictum in Justice Marshall’s opinion in Overton Park, offered without citation, suggested that a “strong showing of bad faith or improper behavior” may permit inquiry into the “mental processes of administrative decisionmakers. [read post]
5 Jul 2019, 3:53 am
Maybe the Overton Window has shifted sufficiently left that she can’t see what she writes, or misinterprets her personal observations for lack of context as to what it means to be beyond that mad 5%. [read post]
28 Jun 2019, 9:54 am
In Citizens to Preserve Overton Park v. [read post]
28 Jun 2019, 8:51 am
Rather, Overton Park remains the best articulation of the relevant standard. [read post]
27 Jun 2019, 1:41 pm
The Supreme Court closed out its term with a handful of decisions and a punt. [read post]
21 Jun 2019, 6:46 am
What the Court has learned over the years is that the Lemon test is difficult to apply in certain cases, and the Court sometimes does not invoke it all in religion cases.The majority confirms again in this case that Lemon is not an all-purpose test, particularly when someone attacks the constitutionality of an existing memorial that has religious overtones. [read post]
10 Jun 2019, 11:45 am
Wade observed (as Professor David Bernstein reminded me), “population growth, pollution, poverty, and racial overtones tend to complicate and not to simplify the problem. [read post]
10 Jun 2019, 7:30 am
For the symposium on Sanford Levinson and Jack M. [read post]
5 Jun 2019, 8:45 am
A lot more than we think, as long as we're willing to open the first amendment Overton window. [read post]
3 Jun 2019, 9:02 pm
(Pix © Larry Catá Backer 2019)Every great state has several paths among which it can choose, each consist with its governing ideology and culture. [read post]
17 May 2019, 4:53 pm
See Citizens to Preserve Overton Park, Inc. v. [read post]
17 May 2019, 4:53 pm
See Citizens to Preserve Overton Park, Inc. v. [read post]
15 May 2019, 12:45 pm
These efforts at meaningfulness have in turn contributed to "progress" in American law (understood beyond its ideological overtones as providing a comprehensive resource of general consensus for judges and others seeking to understand and apply the law). [read post]
8 May 2019, 5:00 am
It will also come off as unfair, now that the Overton Window of victimhood has shifted from concern for the constitutional rights of the defendant against the overwhelming power of the government to the concern for the fear and sadness of the victims, for whom the government has shown too little concern. [read post]
28 Apr 2019, 1:08 am
The End of Section 21 and the concept of the Overton Window Ben Reeve Lewis looks at the proposal to end section21 from a different viewpoint Wednesday The Landlord Law Conference Talks – Getting Section 8 Notices Right #lllconf Our Landlord Law Conference is not far away now, read about Robert Brown one of our regular and respected speakers Thursday An Interview with Eddie Hooker, CEO of Hamilton Fraser Listen to my interview with Eddie Hooker of Hamilton Fraser Friday Tessa… [read post]
23 Apr 2019, 2:55 pm
But, of course, politics is dynamic.And here are two components of that dynamic: First, the Overton window: Merely by taking some policy proposals seriously, politicians can widen the space of "policies worth taking seriously" -- not necessarily the policies the politicians advocate, but policies they would be happy to see adopted.Second, "new policies make new politics": Adopting and even just advocating for new policies can change the array of political forces. [read post]
22 Apr 2019, 11:27 pm
What took everybody by surprise was the speed at which the Overton Window swung its focus. [read post]
18 Apr 2019, 7:06 am
The kerfuffle over Dallas District Attorney John Creuzot's rather modest decarceration proposals, discussed in this Grits post upon their announcement, has taken on rather telling and delicious overtones I had not expected.What a delight! [read post]
18 Apr 2019, 6:14 am
Further, in this paper, an important section is devoted to the approaches of personal laws of different religions toward codifying civil laws, but it requires fighting the communal and political overtones that overshadows the innate merits of UCC. [read post]
