Search for: "Adrian Vermeule"
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12 May 2024, 9:05 pm
As Cass Sunstein and Adrian Vermeule have argued, empirical testing can often help avoid engaging in the “sign fallacy. [read post]
14 Aug 2023, 5:36 am
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
14 Dec 2020, 12:13 pm
[Conservative judges have stymied Trump in his election challenges - and many other cases where his positions went against their legal principles. [read post]
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]
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]
26 Dec 2021, 9:05 pm
The Regulatory Review is pleased to highlight our top regulatory essays of 2021 authored by a select number of our many expert contributors. [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]
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]
2 May 2011, 10:54 am
Adrian Vermeule has argued that there are "necessary conditions" for invisible hand "justifications to be cogent. [read post]
2 May 2011, 10:50 am
Adrian Vermeule has argued that there are “necessary conditions” for invisible hand “justifications to be cogent. [read post]
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]
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]
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 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]
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]
11 Jul 2022, 6:30 am
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [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]
11 Mar 2015, 5:21 pm
To the question posed in Hamburger’s title, Adrian Vermeule answers “No”; see Gary Lawson’s review for a favorable take.) [read post]