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10 Jul 2017, 9:07 am by Ilya Somin
Jonathan Adler, David Bernstein (see also here), Phil Magness (also here), Russell Roberts, and Michael Munger, and others, have highlighted some of her most important fallacies and distortions. [read post]
13 Jun 2022, 4:00 am by Howard Friedman
From SSRN:Katharine Young, Book Review: Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, (Journal of Legal Education Vol. 70, No. 1 (Fall 2020)).Mingyu Jun, The Best Interests of Children Overlooked: Should Faith Based Agencies Be Forced Out? [read post]
7 Jan 2021, 5:09 pm by Jonathan H. Adler
And, as a practical matter, the 50-50 split creates a real possibility that Republicans could have a temporary majority of those physically present at any given point, with the opportunity to create mischief, including asserting majority control (even if only temporarily). [read post]
4 Aug 2014, 8:00 pm
Whether or not the death penalty is just, as an abstract matter, there are serious problems with the way it is administered in much of the country. [read post]
10 Jun 2021, 1:46 pm by Jonathan H. Adler
In the days ahead, Liberty Matters will post additional contributions by Henry Olsen and William Dennis, followed by some rejoinders. [read post]
6 Feb 2021, 7:31 am by Jonathan H. Adler
It is common for a justice's first majority opinion to involve a relatively minor matter. [read post]
24 Jul 2024, 7:05 am by Jonathan H. Adler
The complaint also raises concerns about Judge Grendell's handling of other matters and political conduct inappropriate for a sitting judge. [read post]
7 Aug 2018, 12:49 pm by Timothy Zick
” In dismissing the complaint, Kavanaugh emphasized the First Amendment’s broad protection for the “unfettered interchange” of thoughts and ideas on matters of public concern. [read post]
12 Oct 2021, 5:47 am by Jonathan H. Adler
If one is inclined to think this is a problem (and I do) then it should be a problem without regard for the subject matter. [read post]
10 May 2021, 5:46 am by Jonathan H. Adler
But partisanship is how we got here: Everyone knows that a justice's legal philosophy matters enormously in the way cases are decided. [read post]
6 Jan 2010, 9:29 pm
Notably (or not), the now defunt firm of Rothstein, Rosenfeldt & Adler represented the appellee. [read post]
21 Mar 2020, 4:27 pm by Jonathan H. Adler
Such an assumption may not be a big loss for a high-achieving student at Harvard or Yale, but at other schools, that difference matters. [read post]
10 Oct 2024, 7:22 pm by Jonathan H. Adler
In this volume, subject-matter experts looked at different aspects of the Court's jurisprudence. [read post]
21 Jun 2018, 7:58 am by Jonathan H. Adler
(This matters because at the time of Lucia's case before the SEC, the ALJs had not been appointed in a manner consistent with that clause.) [read post]
14 Nov 2016, 10:32 am by Jonathan H. Adler
As a technical matter, Reid’s move (accomplished by a simple, party-line majority vote) left the filibuster in place for Supreme Court nominees, but there was little question that such a filibuster would not last. [read post]
7 May 2018, 6:50 am by Jonathan H. Adler
I recognize that Congress does not always consider such matters, but if not, courts can often implement a more general, virtually omnipresent congressional purpose— namely, the creation of a well-functioning statutory scheme—by using a canon-like, judicially created construct, the hypothetical reasonable legislator, and asking what such legislators would likely have intended had Congress considered the question of delegating gap-filling authority to the agency. [read post]
1 Apr 2016, 7:52 am by Jonathan H. Adler
Given how rarely this occurs, one suspects that, at many universities, diversity of viewpoint does not matter all that much, and that is a shame. [read post]
11 Jun 2018, 3:44 pm by Jonathan H. Adler
" As a general matter, I have been a fan of Calabresi's scholarship on many issues. [read post]
5 Sep 2018, 9:48 am by Jonathan H. Adler
Senator Leahy is apparently concerned that Judge Kavanaugh was not fully forthcoming on this matter during his testiony at the confirmation hearing on his nomination to the U.S. [read post]