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16 Sep 2010, 2:58 am by Jack Pringle
In addition, Justice Ginsburg characterized the issue before the Court under the FAA as whether "the arbitrators had the power, based on the parties' submissions or the arbitration agreement, to reach a certain issue, not whether the arbitrators correctly decided that issue. [read post]
15 Sep 2010, 10:26 pm by Norm Pattis
A judge has the power to set the tone of a case. [read post]
13 Sep 2010, 1:55 pm by Lawrence Solum
In a recent paper titled Constitutional Decapitation and Healthcare, published in the July 12th issue of Tax Notes (128 Tax Notes 169), authors Steven J. [read post]
13 Sep 2010, 5:30 am by Maxwell Kennerly
[UPDATE: Francis Pileggi has his take (courtesy of a guest blogger), as does Steven Davidoff at DealBook.] [read post]
12 Sep 2010, 8:10 pm by Steve Bainbridge
In the works of John Rawls, rationality refers simply to the ability of a person to use “the powers of judgment and deliberation in seeking ends and interests peculiarly [her] own. [read post]
12 Sep 2010, 11:55 am
“These are just a bunch of knuckle-dragging idiots,” Stevens said. [read post]
11 Sep 2010, 11:37 pm by Steve Vladeck
Looming in the background of the ongoing conversation over the appropriate way forward on detention (both at Guantánamo and elsewhere) is S. 3707 (the “Terrorist Detention Review Reform Act,” better known as the Graham bill), introduced last month and framed as one of the most comprehensive attempts yet at legislative resolution (or at least clarification) of many of the recurring issues in the post-Boumediene habeas litigation. [read post]
10 Sep 2010, 9:24 am by Jeff Lipshaw
A father-son team, Charles Fried (Harvard Law School) and Gregory Fried (Chair of the Philosophy Department at Suffolk) parlayed years of family conversation into a new book:  Because It's Wrong: Torture, Privacy and Presidential Power in the Age of Terror. [read post]
10 Sep 2010, 8:43 am by Steve Bainbridge
It's just to denigrate Budowsky.Update: Steven Taylor puts the case succinctly:Writing at The Hill’s Pundit Blog, Brent Budowsky writes:  If Obama names Elizabeth Warren, the Democratic base erupts like a volcano and votes. [read post]
9 Sep 2010, 8:05 pm
The following was sent to us via email. [read post]
9 Sep 2010, 7:14 am by Lawrence Solum
As of 2009, ten U.S. states are vigorously moving toward implementing a feed-in tariff regulatory mechanism similar to those adopted previously by eighteen of the European Kyoto Protocol countries to shift to renewable power technologies. [read post]
8 Sep 2010, 12:00 am by Jim Hassett
  In a recent AmLaw Daily post entitled The Billable Hour Endures, former Kirkland & Ellis partner Steven Harper argued that, “Regularly over the past 20 years, optimists have declared [the billable hour’s] imminent demise…yet it survives because it has powerful defenders, including the U.S. [read post]
7 Sep 2010, 2:12 pm by Adam Thierer
The Web is built on powerful feedback mechanisms and possesses an extraordinary level of transparency in terms of its operations. [read post]
7 Sep 2010, 9:24 am by Steven M. Taber
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
6 Sep 2010, 10:21 am by Steve McConnell
But the main ruling on preemption makes us gag.The plaintiff was a Texas resident who alleged that she developed Stevens-Johnson Syndrome from Lamisil. [read post]
5 Sep 2010, 6:06 am by Lawrence Solum
So, in the real world of nonideal theory, we might be very considered with constraining the jurisdiction and powers of local governments; whereas, this issue may not even arise in the case of ideal theory.Pinpointing the Constrained VariableThe notion of the second best and the related idea of nonideal theory get tossed around quite a lot in legal theory, but sometimes these terms are used carelessly or without precision. [read post]
4 Sep 2010, 9:09 am by Jim Singer
” – Steven Levitt, co-author of the New York Times best-seller Freakonomics and its recent follow-up SuperFreakonomics, will present a keynote address on the unintended impact of the patent system on innovation. [read post]