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15 Dec 2021, 8:05 am by Dan Bressler
” “The Superior Court majority said the late-erected barrier wasn’t enough in the Darrow case, weighing disqualification based on factors that the Eastern District of Pennsylvania established in its 1995 decision in Dworkin v. [read post]
25 Nov 2021, 6:00 am by CMS
I had a very inspiring teacher in America called Ronald Dworkin: he was a brilliant philosopher who had also practised as [read post]
26 Mar 2021, 6:02 am by Josh Blackman
Dworkin, 601 F. 3d 693, 708–709 (CA7 2010)(collecting cases); see also Burger King, 471 U. [read post]
17 Jul 2020, 9:46 am by Stephen Griffin
  In the process the article raises questions about how we should understand the scope of the achievement of those who sponsored and ratified the Reconstruction amendments.In the last part of “Optimistic Originalism” I discuss why Brown is commonly viewed as a “living constitutionalist” opinion (Here and elsewhere in these posts I put living constitutionalism in scare quotes because I think the real issue is how to understand the process of constitutional change outside… [read post]
9 Jun 2019, 7:30 am by Sandy Levinson
  Pozen is certainly correct that there is increasing discussion among academics and a few pundits and politicians about reforming the electoral college, but I think it remains to be seen whether it will genuine “gain traction” or simply founder on the shoals either of Article V, insofar as some of the proposed changes would undoubtedly require constitutional amendment, or on the determination by the Republican Party that the GOP probably benefits from continued… [read post]
16 May 2019, 6:30 am by Mark Graber
  Levinson and Balkin mention Shelby County v. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
  The opposite jurisprudential view, identified with Ronald Dworkin, is equally individualistic, as “Hercules” thinks exclusively of arriving at the legal “right answer,” presumably indifferent to the social consequences or degree of approval by other participants in the legal order. [read post]
21 Feb 2019, 4:00 am by Administrator
… Discussion Areas of Law in which Philosophers are Cited In Law’s Empire, Ronald Dworkin writes that in “constitutional theory philosophy is closer to the surface of the argument, and, if the theory is good, explicit in it. [read post]