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12 Jan 2019, 4:52 am by William Ford
In response to Jack Goldsmith’s qualified defense of William Barr’s memo to the Justice Department criticizing the special counsel’s investigation into whether the president obstructed justice, Daniel Hemel and Eric Posner explained why they continue to believe Barr’s arguments are radical and wrong. [read post]
10 Jun 2016, 9:40 am by Lisa Ouellette
Daniel Hemel and I have compared the cost-based reward of R&D tax credits with the typical patent reward (in a paper Ted has generously reviewed), and it seems worth thinking more about whether and when it makes sense to move this cost-based reward into the patent system.Drew Amerson & Robin Feldman, Gatekeeping Trends in Reasonable Royalty Cases – This paper surveys Daubert decisions involving reasonable royalty determinations from Jan. 1, 2008 to May 31, 2016, and… [read post]
7 Mar 2017, 7:57 am by Daniel Shaviro
We will resume on Monday, March 20 with Daniel Hemel's The Federalist Safeguards of Progressive Taxation. [read post]
30 May 2017, 9:31 pm by Lisa Ouellette
Daniel Hemel and Lisa Larrimore OuelletteCross-posted at Whatever Source DerivedJudging by the media coverage, the Supreme Court’s decision today in Impression Products, Inc. v. [read post]
23 Jun 2020, 5:50 am by Kevin Kaufman
Key Findings In nearly two of every three households in America with dependents, more than one person works to make ends meet. [read post]
17 Jan 2019, 3:53 am by Edith Roberts
” At Politico Magazine, Daniel Hemel notes that Justice Ruth Bader Ginsburg’s recent health issues have reopened discussions about the drawbacks of life tenure for Supreme Court justices; he concludes that “[f]ixed terms, age caps, and forced retirement are all strong medicine for the problem of judicial disability,” and that “[i]n light of the flaws inherent in each, the better course of treatment is none at all. [read post]
28 Nov 2017, 2:43 am by Ugonna Eze
Daniel Hemel also notes at the Yale Journal on Regulation that, “The Federal Vacancies Reform Act is a ‘Federal law dealing with . . . officers. [read post]
6 Nov 2018, 3:27 am by Edith Roberts
Daniel Hemel had this blog’s preview. [read post]
17 Mar 2017, 5:31 am by SHG
Initial posts already up at the site include Presidential Bad Faith by Larry Tribe, Desuetude and Immigration Enforcement by Jamal Greene, See You In Court 2.0 by Leah Litman, Trump’s Approach to Crime & Punishment by Chiraag Bains, Faith in the Ninth Circuit by Daniel Hemel and Youngstown Zone Zero by Leah Litman and Ian Samuel. [read post]
11 Apr 2018, 3:00 pm by Kevin LaCroix
The March 22, 2018 paper by Daniel Hemel and Dorothy Lund of the University of Chicago Law School and entitled “Sexual Harassment and Corporate Law” can be found here. [read post]
28 Jun 2017, 3:59 am by Edith Roberts
Commentary comes from Marty Lederman at Just Security, Alex Aleinikoff at ForcedMigrationForum, Ilya Somin at The Washington Post’s Volokh Conspiracy blog, the editorial board of The New York Times, Will Baude at PrawfsBlawg, Michael Dorf at Justia’s Verdict blog, Moustafa Bayoumi in The Guardian, Daniel Hemel at Take Care, Amir Ali, also at Take Care, Corey Brettschneider in an op-ed in The New York Times, Stephen Sachs at PrawfsBlawg, and Ciara Torres-Spelliscy at the… [read post]
29 Sep 2017, 4:36 am by Edith Roberts
” Commentary on Epic Systems comes from Daniel Hemel at Slate, who argues that if the court rules for the employers, “the affected workers will—as a practical matter—find it nearly impossible to win back pay in cases involving wage law violations. [read post]
17 Jul 2018, 9:30 pm by Sean Burke
Scholars Daniel Hemel and David Louk propose that unions lobby legislatures for a direct appropriation to cover expenses. [read post]
4 Dec 2018, 4:09 am by Edith Roberts
Daniel Hemel has this blog’s analysis of yesterday’s oral argument in Dawson v. [read post]
5 Mar 2019, 3:56 am by Edith Roberts
This blog’s opinion analysis comes from Daniel Hemel. [read post]
16 May 2018, 4:27 am by Edith Roberts
” At Medium, Daniel Hemel observes that “[n]ot only did the Supreme Court strike down the federal law at issue, … but it also appears to have invalidated a broad swath of congressional limitations on state tax authority. [read post]
12 Jan 2018, 12:32 pm by Adam Thimmesch
  I would be remiss if I didn’t note that Brian Galle, Daniel Hemel, and Darien Shanske have provided an excellent series of posts on these issues over at Whatever Source Derived. [read post]
27 Oct 2021, 9:01 pm by Neil H. Buchanan
It sometimes seems that every policy disagreement is immediately turned into a constitutional question. [read post]