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4 Aug 2020, 9:01 pm
Thus, Yale Law Professor Alexander Bickel used Hamilton’s phrase ironically in the title of his influential 1962 book on the tension between judicial review and democracy. [read post]
26 Jul 2020, 9:01 pm
Justice Clarence Thomas said of such arguments, in his concurrence in the denial of review in Thompson v. [read post]
21 Jul 2020, 9:01 pm
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
19 Jul 2020, 9:03 pm
A Dream Deferred July 20, 2020 | Jacyln Kelley-Widmer, Cornell Law School The Supreme Court decision from this term effectively defers action on deferred action, temporarily continuing protection while providing an opening for the government to attempt rescission again. [read post]
17 Jul 2020, 5:51 am
Jackson (Harvard Law School) and Steven L. [read post]
17 Jul 2020, 3:00 am
Petition for review after the Court of Appeal dismissed an appeal in an action for writ of administrative mandate. [read post]
14 Jul 2020, 9:05 pm
Megan Wright of Pennsylvania State University Law School, Keturah James and Adam Pan of Yale Law School, and Joseph Fins of Weill Cornell Medical College claim that the U.S. [read post]
7 Jul 2020, 9:01 pm
As Professor Neil Buchanan and I argue in a forthcoming Cornell Law Review article, the brand of textualism that the Court has endorsed is so far removed from the ostensibly determinate rule-bound approach that Scalia and others championed as barely to count as distinctive. [read post]
7 Jul 2020, 8:24 am
Drucilla Cornell, Founder, uBuntu Project Kamel Daoud Meghan Daum, writer Gerald Early, Washington University-St. [read post]
5 Jul 2020, 4:37 pm
, Utah Law Review, Forthcoming, Nizan Geslevich Packin, City University of NY, Baruch College, Zicklin School of Business; City University of New York – Department of Law. [read post]
30 Jun 2020, 4:25 pm
(For those interested in how these cases relate to each other and in how much McKay J. was ahead of his time in his analysis, see a 1951 Canadian Bar Review comment by C.B. [read post]
30 Jun 2020, 3:00 am
Negative Declarations Save the Agoura Cornell Knoll v. [read post]
29 Jun 2020, 9:00 pm
He received his J.D. magna cum laude from Cornell Law School and his B.A. magna cum laude from Amherst College. [read post]
21 Jun 2020, 9:01 pm
Professor Neil Buchanan and I argue in a forthcoming article in the Cornell Law Review that originalism and textualism as they have evolved in recent decades are so open-ended that, in the sorts of contested cases that reach the Supreme Court, they can be used to support virtually any result that a justice favors on other, typically conservative ideological, grounds. [read post]
15 Jun 2020, 8:27 am
Tuesday, June 9th – And We Haven’t Missed a Beat – Cornell Winston For Cornell H. [read post]
9 Jun 2020, 9:01 pm
To similar effect, University of Chicago Law Professor William Baude argued in a 2018 article in the California Law Review, the modern doctrine of qualified immunity does not closely resemble the common-law background against which the Reconstruction Congress legislated—so even assuming judicial authority to read defenses as preserved by statutes that are silent with respect to defenses, the modern doctrine would not be justified.Given the convergence of… [read post]
8 Jun 2020, 3:14 pm
Knight Professor of International Studies at Cornell University. [read post]
8 Jun 2020, 4:00 am
Thomas Law Journal, Vol. 16, No. 2, 2020).Sabine Tsuruda, Disentangling Religion and Public Reason: An Alternative to the Ministerial Exception, (Cornell Law Review, Forthcoming).From SSRN (non-U.S. [read post]
1 Jun 2020, 6:00 am
Forum posts were cited in articles by prominent practitioners such as: David Berger Joel Friedlander Mark Lebovitch Ted Mirvis William Savitt Articles citing Forum posts were published in leading law reviews, such as: California Law Review Columbia Law Review Cornell Law Review Duke Law Journal Georgetown Law Journal New York University Law Review Northwestern University Law… [read post]
31 May 2020, 4:22 pm
Privacy Versus Health is a False Trade-off, Jake Goldenfein, Cornell Tech – Cornell University, Ben Green, Harvard University – Berkman Klein Center for Internet & [read post]
