Search for: "Robert Harding"
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18 Nov 2016, 9:47 am
Customary law: it can be hard to determine exact contents of norm except in the smallest groups. [read post]
20 Dec 2022, 6:30 am
” This is a disarming and effective way in to his real project, which is not to dissect the opinion, but to show a legal audience how to think about the case like a political scientist (specifically the political scientist Robert McCloskey). [read post]
16 Jan 2024, 5:45 am
On the assumption that the framers thought long and hard about insurrections, Ross Douthat, Steven Calabresi and others, have apparently concluded that if they think long and hard about insurrections, their thoughts will mirror those of Reconstruction Republicans. [read post]
Of Insurrections, Presidents, and the Utter Failure of Constitutional Law to Address the Real Issues
14 Aug 2023, 4:00 am
Dedicated to Retired Judge Dick Posner Two of America's most prominent conservative constitutional law professors, both self-described originalists, Will Baude and Michael Paulsen, have penned a 126-page opus explaining why Section 3 of the Fourteenth Amendment disqualifies on its own terms with no enabling legislation Donald Trump and likely many others from holding office under the United States or any state. [read post]
4 Mar 2013, 9:36 am
At oral arguments, the die was cast when Chief Justice John Roberts asked the state's attorney if, under their reading of the law, police could track Supreme Court justices without probable cause. [read post]
2 Jun 2019, 11:27 pm
Tool Without A Handle: Guerilla Information Warfare “The enemies of liberal democracy hack our feelings of fear and hate and vanity, and then use these feelings to polarize and destroy" - Yuval Noah Harari.[1] Most of the discussion of the report of the Office of the Special Counsel[2] has, understandably focused on the political implications, and interestingly for a report prompted by foreign intelligence operations, it is not really a counterintelligence report.[3] But… [read post]
15 Feb 2025, 6:30 am
It has the added advantage of telling ideologues on both sides: don’t push too hard. [read post]
15 May 2025, 1:21 pm
Chief Justice John Roberts also seemed to downplay the possible implications of eliminating universal injunctions. [read post]
2 Mar 2018, 8:52 am
On this view, you can complain about police action that violates your rights, but if your complaint is about police inaction, you’re out of luck.Justice Brennan’s dissent in DeShaney could have been written by Robert Hale. [read post]
25 Jun 2020, 1:10 pm
The appointment of Justice Robert Blair expired on May 27, 2020 and there is no indication at this time that his appointment has been renewed or that he has been replaced. [read post]
13 Mar 2023, 4:00 am
But it's hard to imagine that the Republican candidate would concentrate on Wisconsin in [read post]
2 Mar 2018, 8:52 am
On this view, you can complain about police action that violates your rights, but if your complaint is about police inaction, you’re out of luck.Justice Brennan’s dissent in DeShaney could have been written by Robert Hale. [read post]
27 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumLawrence Solum Jack Balkin is famous for highlighting the difference between “original public meaning” and “original expected applications. [read post]
26 Feb 2018, 10:32 am
This secrecy is hard to unravel after the fact. [read post]
19 Sep 2019, 10:01 am
.'s political order might as, as Professor Green argues to "think very hard, as a political community, about the kind of polity we want to be. [read post]
24 Apr 2013, 8:31 am
In a quick docket jurisdiction, leave to amend may be hard to come by. [read post]
24 Feb 2017, 3:37 pm
In this instance the Department appropriately took a hard line and succeeded in its defence. [read post]
6 Aug 2015, 1:37 pm
Lea Shaver, Indiana University Robert H. [read post]
12 Jun 2018, 12:23 pm
(In this sense, there was less difference between Rawls and his chief libertarian critic, Robert Nozick, than one might think.) [read post]
9 Jul 2021, 6:30 am
It’s hard to disagree that the state is out of kilter. [read post]
