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26 Jun 2024, 2:01 pm
In a well-functioning society, governments and the private sector will engage in an ongoing dialogue about public welfare issues. [read post]
31 Jul 2020, 7:20 am
Even Professor Thomas Grey, who recognized Holmes as a pragmatist, seemed to ignore it. [read post]
11 Aug 2014, 7:44 am
They believe that First Amendment rights are constitutionally fundamental because, as Justice Anthony Kennedy writes in his opinion for the Court in Citizens United, “speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. [read post]
12 Aug 2008, 2:00 pm
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4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
25 Oct 2022, 6:30 am
For the Balkinization symposium on James E. [read post]
13 Apr 2022, 5:36 pm
I am delighted to share the video recording of the event recently sponsored by the Penn State Law Federalist Society: "Natural Law and the US Constitutional Order" which was held at Penn State law 12 April 2022. [read post]
21 Apr 2017, 6:00 am
” Most supporters of the Constitution’s ratification (“Federalists”) worried that Henry, whom Thomas Jefferson called “the greatest orator that ever lived,” would exercise considerable influence over “weak men” at the Virginia ratifying convention. [read post]
20 May 2014, 6:08 am
(For a recent reevaluation, see Thomas Colby's essay in Northwestern Law Review.)Taken in their own terms, the coercive Article Five exchange between Congress and the states does not establish the constitutional "quality" of the Fourteenth Amendment. [read post]
14 Jun 2020, 1:44 pm
Harvard University Kennedy School of Government; J.D. [read post]
28 Feb 2019, 5:42 am
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge. [read post]
3 May 2016, 2:30 pm
Official description: Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including availability of programs to smaller service providers and creators; cooperation in identifying infringers; graduated response programs to address infringement; efforts to delist or downgrade infringing materials within online search results; participation of… [read post]
2 May 2016, 2:50 pm
Session 2: Notice-and-Takedown Process—Service Provider Response and Counter-Notifications Official description: Handling of and response to notices, including timing and notices from high-volume senders; sending and handling of counter-notifications; volume of notices and counter-notifications; costs and burdens on large- and small-scale service providers; role of automation, including filtering technologies; noncompliant notices and misuse of notice process; rejection of notices;… [read post]
16 Jun 2014, 11:59 am
., and Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. [read post]
11 Feb 2024, 6:56 pm
I was delighted to have been asked to participate in the conference Cooperation, Competition, & Conflict in East Asia, hosted by the William & Mary Global Research Institute Security & Foreign Policy Initiative, and taking place on the campus of William & Mary,Williamsburg, Virginia, 15 February 2024. [read post]
30 Jun 2019, 6:30 am
Justice Thomas only this past week, for example, indicated that the Court should not be hesitant to overrule its own precedents should they be manifestly unjust.I realize that I basically agree with the McCloskeyan approach and, therefore, am inclined to agree with much of Lessig’s argument insofar as it is similar. [read post]
December 14, 2009 – Environmental Law Settlements, Decisions, Regulatory Actions and Lawsuit Filings
13 Dec 2009, 8:58 pm
— Ross Douthat, The New York Times, December 9, 2009 In his column today, my colleague Thomas Friedman argues eloquently for a Dick Cheney-esque, “one percent doctrine” approach to climate change, which would treat caps on greenhouse emissions as a rational way to “buy insurance” against a potentially catastrophic outcome. [read post]
29 Mar 2012, 8:43 am
And Justice Kennedy, a little more mixed, but he said, for example, in challenging the individual mandate argument. [read post]
14 Apr 2010, 2:13 pm
As I’ve mentioned here previously, PFF has been rolling out a new series of essays examining proposals that would have the government play a greater role in sustaining struggling media enterprises, “saving journalism,” or promoting more “public interest” content. [read post]
21 Jun 2021, 9:40 am
Kevin Kennedy, director of operations for U.S. [read post]
