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24 Oct 2011, 7:33 am by Kenneth Anderson
This idea of the independent power of legitimacy, and the function of constitutionalism as more than just a “really big holdup” is, in my experience, very hard to convey to economists, mostly because their world-view doesn’t make room for the underlying concept. [read post]
23 Oct 2011, 6:22 pm by Kenneth Anderson
 (This is, by the way, a distinctly legal issue, by contrast to the best-v-worst observations made about the economics of optimal and unoptimal currency zones.) [read post]
4 Oct 2011, 3:28 pm by Steve Bainbridge
Back when I was a summer associate at White & Case, we used to talk about SEC v. [read post]
17 Sep 2011, 11:03 am by Keith Gerver
 He begins with a few stories of a wartime presidents regarded as successful–first, Abraham Lincoln. [read post]
2 Sep 2011, 3:45 am by Russ Bensing
That sentiment was echoed by the US First Circuit last Friday in Glik v. [read post]
30 Aug 2011, 6:24 am by John Mikhail
Without such a defensive power, every positive power that can be given on paper will be unavailing. [read post]
2 Aug 2011, 2:01 pm by Frank Pasquale
If some miracle occurred and today’s Supreme Court adopted that argument tomorrow and overturned Rodriguez, would that be any more problematic than Lawrence‘s overturning of Bowers v. [read post]
14 Jul 2011, 9:23 am by rbm3
Academic freedom -- United States ACADEMIC FREEDOM AND THE LAW: A COMPARATIVE STUDY / ERIC BARENDT Oxford; Portland, Or. : Hart Pub., 2010 K3755 .B37 2010 See Catalog Affirmative action programs -- Law and legislation -- United States AFFIRMATIVE ACTION IN ANTIDISCRIMINATION LAW AND POLICY / WILLIAM M. [read post]
13 Jul 2011, 11:49 am by rbm3
Academic freedom -- United States ACADEMIC FREEDOM AND THE LAW: A COMPARATIVE STUDY / ERIC BARENDT Oxford; Portland, Or. : Hart Pub., 2010 K3755 .B37 2010 See Catalog Affirmative action programs -- Law and legislation -- United States AFFIRMATIVE ACTION IN ANTIDISCRIMINATION LAW AND POLICY / WILLIAM M. [read post]
7 Jul 2011, 11:55 am by JB
In both cases we must ask whether the President's action is authorized by Congress (in which case the President's power is at its height), whether it is in defiance of Congress (in which case the President's power is at its "lowest ebb"), or whether it exists in a "twilight zone" where Congress has not clearly spoken (These categories are drawn from Justice Jackson's famous concurrence in Youngstown Sheet & Tube Co. v. [read post]
5 Jul 2011, 5:41 am by Bill Merkel
  For writers as diverse as Abraham Lincoln and Louis Henkin, the constitutionalism behind the constitution has been Jefferson’s Declaration of Independence. [read post]