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4 Oct 2019, 4:38 pm
I am grateful to Jack Balkin for organizing this symposium and to the commenters on Rationing the Constitution for their close, careful, and generous engagement with my book. [read post]
18 Apr 2017, 6:15 pm
Graber, Mark A., Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991). [read post]
30 Oct 2017, 11:16 pm
Malgosia Fitzmaurice, The History of Article 38 of the Statute of the International Court of Justice: The Journey from the Past to the Present Monica García-Salmones Rovira, Sources in the Anti-Formalist Tradition: A Prelude to Institutional Discourses in International Law Upendra Baxi, Sources in the Anti-Formalist Tradition: 'That Monster Custom, Who Doth All Sense Doth Eat' Tony Carty & Anna Irene Baka, Sources in the Meta-History of International Law: A Phenomenological… [read post]
14 Sep 2019, 6:00 am
Such a threat may work, assuming it is otherwise credible, even if politicians know that the Court cannot invalidate everything, so long as the Court has a broad domain of choice about what to invalidate; adapting Mark Tushnet’s phrase, political actors must then reckon with a kind of “judicial overhang. [read post]
18 Oct 2011, 7:44 am
I also recommend the pieces on this issue by Mark Tushnet and Chicago law student Josh Parker. [read post]
3 Mar 2023, 6:30 am
Here I am reminded of the wonderful title of an informative article by Fred Schauer: “Do Cases Make Bad Law? [read post]
5 Nov 2014, 2:00 pm
Mark Pryor, D-Ark., and Mark Udall, D-Colo., both lost their bids for reelection, and Rep. [read post]
7 Nov 2020, 3:12 am
. ● Mark your calendars for UNESCO’s World Press Freedom Conference 2020, December 9-10. [read post]
6 Dec 2008, 1:15 pm
Constitutional Law , Mark Graber 19. [read post]
1 Jan 2007, 11:03 am
--Frederick Schauer, John F. [read post]
28 Mar 2009, 9:32 am
The blogosphere has sounded the alarm warning that Congress and agribusiness and biotechnology lobbyists are conspiring to pass legislation that will force organic and local farms, and even home gardeners, out of business. [read post]
9 Aug 2012, 4:00 pm
Likely confusion test also considers strength of the mark: if there are a lot of similar marks in the same space you may not have a very strong mark. [read post]
7 May 2010, 1:09 pm
This valuation of Court precedent and stability is a mark of Justice Stevens’ rigorous judicial integrity. [read post]
22 Dec 2008, 9:37 pm
-elect Mark Schauer (D-Mich.) is interested in the Energy and Commerce, Transportation and Infrastructure and Agriculture committees. [read post]
15 Nov 2009, 9:23 am
The Argument from Easy Cases One way to establish that there is at least one possible case in which at least one outcome is legally incorrect has been called "the argument from easy cases" by Fred Schauer. [read post]
4 May 2017, 6:48 am
Velte’s article Obergefell’s Expressive Promise was cited in the following article: Frederick Schauer, The Supreme Court As Public Educator? [read post]
3 Sep 2023, 6:00 am
The Argument from Easy Cases One way to establish that there is at least one possible case in which at least one outcome is legally incorrect has been called "the argument from easy cases" by Fred Schauer. [read post]
27 Feb 2011, 12:39 pm
The Argument from Easy Cases One way to establish that there is at least one possible case in which at least one outcome is legally incorrect has been called "the argument from easy cases" by Fred Schauer. [read post]
31 Mar 2019, 11:50 pm
Proportionality and Limitations on Freedom of Speech, Forthcoming, Fred Schauer and Adrienne Stone (eds) The Oxford Handbook of Freedom of Speech, Grégoire Webber, Queen’s University – Faculty of Law. [read post]
22 Jun 2016, 9:59 pm
This methodology matters not only for tackling intermediary speech questions, but moreover offers an approach for academics thinking through questions of First Amendment coverage, or what Frederick Schauer describes as the right’s “scope of application. [read post]
