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7 Jul 2019, 9:40 pm by Randy Barnett
  We have our own quibble with how Judge O'Connor framed both the issue and his conclusion, which we will develop below. [read post]
4 Jul 2019, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
30 Jun 2019, 6:30 am by Sandy Levinson
  Justice Thomas only this past week, for example, indicated that the Court should not be hesitant to overrule its own precedents should they be manifestly unjust.I realize that I basically agree with the McCloskeyan approach and, therefore, am inclined to agree with much of Lessig’s argument insofar as it is similar. [read post]
28 Jun 2019, 1:38 pm by Ken Klukowski
Thomas noted that Commerce Secretary Wilbur Ross carried his burden of explaining a reasoned decision. [read post]
27 Jun 2019, 2:00 pm by Rick Pildes
  But I think it frames the central, underlying issue the courts confront in reviewing many of the actions of the Trump administration, including in today’s Census case. [read post]
15 Jun 2019, 8:00 am by Guest Blogger
  But I have problems with this framing along several dimensions. [read post]
7 Jun 2019, 5:03 am by Heather Hurlburt
I am indebted to Thomas Wright, the Brookings scholar and frequent writer on strategy, for offering three very broad categories and for immediately pointing out the most interesting debates that are happening within each. [read post]
4 Jun 2019, 10:16 am by Rebecca Tushnet
  Often framed as whether courts are better than legislatures; this is why Breyer cautions modesty. [read post]
4 Jun 2019, 7:36 am by Bridget Crawford
Current streams include: Gramsci’s alienation as finding new ways of thinking Migrations: aliens and the need to re-imagine the nation Legal Aesthetics (Organiser: Thomas Giddens (Dundee)) Affect, Alienation & Law (Organisers Swastee Ranjan (Sussex) & Illan Wall (Warwick)) Gender, Race and Alienation Alienation and family law: “parental alienation”, best interest of the child Artificial intelligence and alienation Alien nations: authoritarian… [read post]
2 Jun 2019, 7:15 am by David Jensen
He said that Jonathan Thomas, chairman of the agency, told him that a CIRM-funded cure is headed for the marketplace. [read post]
31 May 2019, 6:00 am by Guest Blogger
  Both sides of the political spectrum agreed that, to defuse a political crisis, the Chief “rewrote” the text of the ACA (per the bitter dissent by his four conservative colleagues), “contorted logic and reason” (per then presumptive Vice Presidential nominee, Paul Ryan), and either “betrayed” conservatives (National Review’s Thomas Sowell) or, in a more generous interpretation, displayed “statesmanship” (The New York… [read post]
30 May 2019, 8:11 am by John Elwood
Justice Clarence Thomas wrote a lengthy concurrence, and Justice Ruth Bader Ginsburg a brief dissent. [read post]
28 May 2019, 6:56 pm by Howard M. Wasserman
Roberts added one “narrow qualification,” losing Thomas’ vote but retaining a majority. [read post]
23 May 2019, 10:09 pm by Lex-Warrier
The code consists of a regulator, insolvency professionals, information utilities and adjudicatory mechanisms to facilitative a speedy insolvency resolution process and liquidation, thus resulting in a new institutional frame work compared to earlier one. [read post]
16 May 2019, 3:30 am by Felix Mormann
From ancient Greece, readers are guided to medieval Italy where Thomas Aquinas and other Scholastics expanded Aristotle’s framing into the notion of commutative justice, a construct intended to encompass the full range of voluntary and involuntary interpersonal relationships, including but not limited to economic exchange. [read post]
5 May 2019, 8:18 am by John Floyd
All this was true before and when the Constitution was framed and adopted. [read post]