Search for: "Adrian Vermeule"
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22 Oct 2012, 4:30 am
In this sense, and now I borrow from Matthew Stephenson and Adrian Vermeule, IRB review has only one step. [read post]
16 Apr 2023, 6:00 am
Introduction One of the most fundamental distinctions in legal theory is that between "positive legal theory" and "normative legal theory. [read post]
10 Oct 2010, 6:23 am
Introduction One of the most fundamental distinctions in legal theory is that between "positive legal theory" and "normative legal theory. [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]
2 May 2011, 10:54 am
Adrian Vermeule has argued that there are "necessary conditions" for invisible hand "justifications to be cogent. [read post]
13 Sep 2010, 5:11 am
I thought I’d post the introduction of this paper below the fold. [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]
14 Dec 2016, 10:01 am
A decade later, he still spoke for something in the zeitgeist, to the point where Eric Posner and Adrian Vermeule could mischievously declare their intellectual allegiance not to James Madison but to Schmitt in their volume in defense of expansive executive power. [read post]
7 Oct 2022, 5:01 am
Bracketing whether West Virginia unduly expanded the major questions doctrine (discussed by Adrian Vermeule here), the doctrine’s Brown & Williamson iteration hinges on common-sense inferences from text, structure, statutory history, and past practice. [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]
1 Dec 2016, 7:13 am
But Jack is using the word term “libertarian panic” in a narrower sense, borrowing it from Adrian Vermeule as a term of art that Jack defines rather precisely: “a sharp reaction and possibly overreaction to perceived or anticipated security measures that are believed to represent unjustified attempts to violate the law or curtail civil liberties. [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]
