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6 Jun 2023, 9:01 pm
In short order over the last two weeks, the latest debt ceiling crisis was defused, the date of the next crisis was all but set in stone, and the political class quickly moved on to “previously scheduled programming”—that is, to the many ongoing crises that the debt ceiling standoff had pushed off the front pages for more than a month.Hindsight bias may leave the impression that this result was foreordained, but it was not. [read post]
6 Jun 2023, 2:15 pm
James E. [read post]
6 Jun 2023, 4:30 am
I was pleased to see the new proposed Circular A-4 acknowledge right up front that the “[r]egulatory analysis [it] describe[s] does not supplant any analytic requirements . . . set out in the statutes that authorize or require agency action. [read post]
5 Jun 2023, 9:30 pm
[As longtime LHB readers know, I post here the essays I research and write for my exam in American Legal History, which principally treats the years 1898 to 1962. [read post]
5 Jun 2023, 4:00 am
McClain & James E. [read post]
5 Jun 2023, 2:43 am
Lee, Ryan J. [read post]
31 May 2023, 8:23 pm
Meisner, 51 F. 4th 185, 190 (CA6 2022) (Kethledge, J., for the Court) ("[T]he Takings Clause would be a dead letter if a state could simply exclude from its definition of property any interest that the state wished to take. [read post]
30 May 2023, 3:00 am
Pillsbury Winthrop Shaw Pittman LLP, New York (James M. [read post]
30 May 2023, 3:00 am
Pillsbury Winthrop Shaw Pittman LLP, New York (James M. [read post]
30 May 2023, 2:30 am
A favorite is Herbert J. [read post]
29 May 2023, 9:03 am
On 22 May 2023, Tipples J heard an application in QRT v JBE QB-2022-000825. [read post]
28 May 2023, 4:37 am
" Our panelists were Kristen Collier of the University of Michigan Medical School; J. [read post]
22 May 2023, 9:01 pm
If we reach the point where the debt ceiling becomes binding, possibly as soon as next week, President Joe Biden will have exactly two options: (1) Continue to pay the nation’s bills, or (2) Fail to pay the nation’s bills for the first time ever. [read post]
22 May 2023, 7:47 pm
Many people will have read the good news at Brian Leiter’s blog (here) announcing the recent election of three law professors to the American Philosophical Society: James Forman (Yale), Catharine MacKinnon (Michigan/Harvard), and Dorothy Roberts (Penn). [read post]
21 May 2023, 9:00 pm
As the country and the world await news of whether Republicans’ decision to use the debt ceiling as a political weapon will lead to utter catastrophe, pundits and reporters alike are asking whether there is an out that would allow the Democrats to sidestep the Republicans’ attempted extortion.The question is: “out” from what, exactly? [read post]
21 May 2023, 6:00 am
Introduction Speech act theory will forever be associated with the great J. [read post]
19 May 2023, 6:30 am
Lander, Richard J. [read post]
19 May 2023, 6:30 am
Lander, Richard J. [read post]
18 May 2023, 12:41 pm
Park, James J., ESG Securities Fraud (April 25, 2023). [read post]
18 May 2023, 7:17 am
”Rita J. [read post]
