Search for: "Matter of Posner"
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12 Mar 2023, 7:00 am
If this assumption is incorrect (which it may well be as an empirical matter), then it follows that the argument for reparations as the preferred second-best solution is fallacious. [read post]
14 Jan 2023, 6:30 am
My sense of the matter is that it came into law from the physical sciences via law-and-economics, a subdiscipline with its own pretensions (at least in its early years) to science. [read post]
26 Dec 2022, 4:00 am
I responded fully to this argument in a conversation with Judge Richard Posner here. [read post]
15 Dec 2022, 11:17 am
" As Judge Posner put it in Moore v. [read post]
15 Dec 2022, 5:01 am
" As Judge Posner put it in Moore v. [read post]
13 Dec 2022, 11:46 am
The racist murder of George Floyd in May 2020 by a police officer in the USA also triggered widespread anti-racist protests in Germany by the Black Lives Matter movement. [read post]
16 Sep 2022, 5:00 am
Constitutional change can come very quickly, and as I've paraphrased Richard Posner many times, if changing judges changes law, do we know what law is? [read post]
12 Sep 2022, 6:30 am
” [8] In short, structure matters; often more than who is in power or what party they represent.Second, the term ‘defect’ should not be misunderstood to connotate an accident or mistake. [read post]
25 Aug 2022, 1:35 pm
According to Gelbach, the inflation of the significance level ten-fold to p < 0.5 is merely a matter of “weight” and not admissibility of any challenged opinion testimony. [read post]
22 Aug 2022, 4:30 am
Pre-reflective intuitions and the views assumed by our actual practices are a good starting point for moral reasoning, but they are hardly the end of the matter. [read post]
21 Aug 2022, 12:35 pm
Independent Funds: Both Orrick and McDermott as well as Docusign and Carta have invested as LPs in the Legaltech Fund, started by serial entrepreneur Zach Posner. [read post]
8 Aug 2022, 2:29 pm
A point related to the lack of proven connection between ESG and performance is another concern that I have noted on this cite, which is that being proactive on ESG matters can actually produce risk. [read post]
4 Aug 2022, 6:30 am
Posner is special counsel at Cooley LLP. [read post]
4 Aug 2022, 6:30 am
Posner is special counsel at Cooley LLP. [read post]
3 Aug 2022, 5:01 am
Negative Theories The strongest basis for sharply distinguishing private employers' speech restrictions from governmental speech restrictions—as a policy matter, and not just as a matter of interpreting the First and Fourteenth Amendments—likely lies in "negative theories" of the First Amendment. [read post]
2 Aug 2022, 6:30 am
Those elements motivate core differences in the Court’s interpretive debates over fundamental privileges versus promises, textualism versus purposivism, status quo-preserving originalism vs. rights-promoting pragmatism.[4] I aim to explore those elements with an eye to the plurality of opinions that emerge from shared legal texts, now that stare decisis is in question as a way to settle them and now that interpretations of history and tradition matter a lot toward the same end. [read post]
22 Jul 2022, 7:46 pm
Nevertheless, significant disagreement among progressives existed and persisted, and mattered for policymaking. [read post]
22 Jul 2022, 5:43 am
Indeed, in its view the Commission lacked the authority to require broadcasters to take any steps beyond making inquiries of the entity submitting the broadcast matter and the broadcasters’ own employees. [read post]
17 Jul 2022, 6:00 am
This means that some theorists are likely to offer definitions for these terms that make it true (as a matter of definition) that living constitutionalism and originalism are mutually exclusive, where as other theorists may embrace the possibility that some moderate forms of living constitutionalism are compatible with originalism. [read post]
7 Jul 2022, 9:01 pm
If this is the rationale, it remains puzzling still.On the matter of “standing,” as the Court put it, Ms. [read post]
