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4 Sep 2015, 12:38 pm
Our five guidelines are Bruising confirmation battles are worth the political capital for a lifetime appointment Paper trails are an asset, not a disqualification Reject clichéd calls for ‘judicial restraint’ Focus on the Constitution, not issues du jour Focus on clauses, not cases With respect to Guideline #1, I have been on record since 2005 with this Volokh post responding to the selection of John Roberts: Who is John Roberts? [read post]
31 Aug 2015, 10:50 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
28 Aug 2015, 1:25 am by rhapsodyinbooks
According to historian Taylor Branch, the public was “girded for mayhem”: NBC’s Meet the Press aired official predictions that it would be “impossible” for Negroes to petition in numbers without civic disorder. [read post]
25 Aug 2015, 10:42 am by Quinta Jurecic
Jacques Audibert, French President Francois Hollande’s senior national security advisor, has even contradicted Secretary of State John Kerry by suggesting that a “no” vote on behalf of Congress might not be a diplomatic end-of-the-world moment. [read post]
21 Aug 2015, 9:30 am by Karen Tani
Given that legal history sits at the intersection of two disciplines, we thought the following new release may be of interest: Undisciplining Knowledge: Interdisciplinarity in the Twentieth Century (Johns Hopkins University Press, 2015), by Harvey J. [read post]
20 Aug 2015, 1:21 pm by John C. Manoog III
Established in 1970, the NHTSA is a branch of the federal government dedicated to motor vehicle and highway safety, including taking steps to resolve, mitigate, and control the risk of harm to the motoring public. [read post]
20 Aug 2015, 10:00 am by Dan Ernst
The other protects individual liberty by having each branch restrain the others. [read post]
19 Aug 2015, 12:41 pm by Staley Smith, Quinta Jurecic
Some are challenging the U.S. government’s decision not to have Umm Sayyaf extradited to the U.S. to face charges, including Senator John McCain (R-AZ) who sent a letter to Defense Secretary Ash Carter and Attorney General Loretta Lynch criticizing the desicion of the Pentagon and White House. [read post]
19 Aug 2015, 12:33 pm by Altman & Altman
“The Fall River Diocese offers its heartfelt prayers for the victim of this accident, as well as the victim’s family, friends and coworkers,” John Kearns was quoted as saying on behalf of the Fall River Diocese. [read post]
18 Aug 2015, 1:43 pm by Matthew L.M. Fletcher
APPLICATION INFORMATION:  Please submit a letter of interest and resume to: John J. [read post]
16 Aug 2015, 10:02 pm by Quinta Jurecic
Thursday, August 20th at 3 pm: At the Johns Hopkins School of Advanced International Studies, A New Kind of Conflict: Cyber-security on the Korean Peninsula will explore a simulation of a cyber-conflict between North and South Korea. [read post]
14 Aug 2015, 8:42 am by JB
In the limiting case, best represented by the original methods originalism of John McGinnis and Michael Rappaport, there is little or no room for construction at all; everything can and should be done through fidelity to original public meaning.)People often confuse two very different positions about the role of original expected applications in the New Originalism.The first position says that because these materials are not binding on future generations, interpreters may and should ignore… [read post]
13 Aug 2015, 2:55 pm by Stephen Griffin
  For its part, separation of powers historically includes not only specific provisions that relate to checks and balances but notions of the proper balance of power among the branches, including the possibility of encroachment or aggrandizement by one branch upon another, the idea that one branch can become too powerful – so, the imperial (presidency) (Congress) (judiciary). [read post]
11 Aug 2015, 10:25 am by Sandy Levinson
 But the threat to use military force on day one is something entirely different, unless one adopts the most extravagant theories of Hanoverian Monarch-like presidential power attached to John Yoo. [read post]
5 Aug 2015, 11:00 am by Kenneth J. Vanko
Currently, trade secrets law is the only branch of intellectual property that is regulated by state law. [read post]
4 Aug 2015, 7:31 am by Rachel Dollar
Christopher Colatrella’s brother John Colatrella, 52, Long Branch, New Jersey was sentenced to 2 […] The post Mortgage Fraud Sentencing for New Jersey Family appeared first on Mortgage Fraud Blog. [read post]
2 Aug 2015, 9:30 pm by Quinta Jurecic
Tuesday, August 4th at 3 pm: At the Brookings Institution, General John Campbell, Matt Sherman, and Michael E. [read post]
2 Aug 2015, 9:30 pm by Quinta Jurecic
Tuesday, August 4th at 3 pm: At the Brookings Institution, General John Campbell, Matt Sherman, and Michael E. [read post]
1 Aug 2015, 5:30 am by Guest Blogger
 Though the House’s lawyer, George Washington law professor Jonathan Turley, dresses up his claim as an effort to rein in a lawless executive branch spending billions with no authorization, the case is actually a dispute about statutory interpretation – whether the Administration has correctly construed the provisions to which it attributes authorization to fund the cost-sharing subsidies, or not. [read post]
31 Jul 2015, 5:30 am by Guest Blogger
  This big win is not the President’s doing, nor that of the Executive Branch he controls. [read post]