Search for: "Adrian Vermeule"
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12 Mar 2023, 7:00 am
Introduction The post provides a very basic introduction to the idea of "second best. [read post]
13 Sep 2010, 5:11 am
I thought I’d post the introduction of this paper below the fold. [read post]
18 Apr 2024, 5:55 am
As Eric Posner and Adrian Vermeule have argued, “legal and political transitions lie on a continuum, of which regime transitions are merely an endpoint. [read post]
22 Dec 2024, 6:00 am
Introduction The post provides a very basic introduction to the idea of "second best. [read post]
29 Jan 2012, 2:56 pm
Introduction One of the most fundamental distinctions in legal theory is that between "positive legal theory" and "normative legal theory. [read post]
27 Mar 2025, 9:33 pm
For several months in 2022 and 2023, I wrote a series of blog posts called “The Major Questions Doctrine Reading List. [read post]
11 Jul 2022, 6:30 am
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
17 Feb 2014, 4:36 am
You can find scholars who are skeptical of judicial review in almost every field but 1A; there’s him and Adrian Vermeule, and sometimes he’s not sure about Vermeule.One reason may be that 1A scholars implicitly believe that some justifications for judicial review are unassailable for all 1A issues, but there’s still inattention to justifications for regulation. [read post]
27 Apr 2023, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Civic Education, convened as part of LevinsonFest 2022. [read post]
17 Oct 2010, 3:50 am
For the symposium on Bruce Ackerman, The Decline and Fall of the American RepublicIn his extraordinary new book, The Decline and Fall of the American Republic, Bruce Ackerman begins, quite literally, by condemning the “triumphalism” that surrounds most discussion of the Constitution (which extends, it should be recognized, to critics of the Supreme Court whose sole complaint is that judges aren’t faithful to the one true view of constitutional meaning, which would indeed provide… [read post]
20 Aug 2012, 1:37 am
The authors of a recent book, "The Executive Unbound: After the Madisonian Republic," by sitting Seventh Circuit Court of Appeals Judge Richard Posner and an Adrian Vermeule from Harvard Law argue that the separation of powers is a relic of the past and largely beside the point. [read post]
14 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumMark Tushnet For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
26 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumSandy Levinson I have been teaching courses on American constitutional law for almost 50 years. [read post]
5 Mar 2025, 6:34 pm
The often-fuzzy distinction between “rules” and “adjudications” jumped to the foreground recently following the Trump Administration’s submission of several EPA “waivers” of Clean Air Act preemption for state electric-vehicle mandates to lawmakers under the Congressional Review Act (“CRA”). [read post]
