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18 Jan 2023, 5:00 am
Thus, for example, Justice Thomas (in his concurrence in United States v. [read post]
17 Jan 2023, 6:30 am
That was how Justice Thomas was widely perceived until recently. [read post]
14 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumMark Tushnet For quite a while I’ve been irritated by the aphorism that “it takes a Theory to beat a Theory” in constitutional law and interpretation.[1]It strikes me as the sort of false profundity that gets thrown around in first-year college dormitories. [read post]
13 Jan 2023, 6:30 am
Hart and Ronald Dworkin. [read post]
21 Dec 2022, 8:14 am
Eugene Volokh’s blog post that was endorsed by Justice Thomas. [read post]
8 Dec 2022, 4:00 am
In substance he got more or less there by framing what the NCSC did by reference to John Hart Ely's conception of representation-reinforcing judicial review, but that was at a different point in the argument. [read post]
28 Nov 2022, 4:45 am
Hart would later describe as an external perspective. [read post]
17 Nov 2022, 6:30 am
The title of their post, The Wages of Crying Lochner, evokes John Hart Ely’s famous 1973 article, The Wages of Crying Wolf, which argued that Roe repeated the errors of Lochner. [read post]
25 Oct 2022, 6:30 am
Detractors, on the other hand, including his former law clerk John Hart Ely, viewed this as basically sentimental, inviting judges to impose their own views of “fairness” on the body politic. [read post]
24 Oct 2022, 6:30 am
Hart and Lord Patrick Devlin over the decriminalization of homosexual acts. [read post]
23 Oct 2022, 6:43 pm
I am delighted to share with those interested a discussion draft of my essay: The Imaginaries of Regulatory Spaces in an Age of Administrative Discretion: Social Credit ‘in’ or ‘as’ the Cage of Regulation of Socialist Legality. [read post]
10 Jul 2022, 6:30 am
Do “we” ourselves often change our minds when reading legal opinions authored by, say, Samuel Alito or Clarence Thomas? [read post]
5 Jul 2022, 3:30 am
David Dyzenhaus, The Long Arc of Legality: Hobbes, Kelsen, Hart (2022). [read post]
29 May 2022, 4:05 pm
The short Easter legal term ended on Thursday 27 May 2022. [read post]
20 May 2022, 6:59 am
Justice Thomas, can you hear Rutenberg’s pleas? [read post]
24 Apr 2022, 10:43 am
Thomas Aquinas. [read post]
2 Apr 2022, 6:15 am
' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. [read post]
21 Mar 2022, 1:58 pm
Thomas, the insurer originally paid approximately $500 in medical bills for the Plaintiff’s treatment.[17] The insurer then requested additional medical documentation for the Plaintiff’s claim. [read post]
18 Mar 2022, 7:08 am
The post THOMAS WILLIAM HART v. [read post]
7 Mar 2022, 9:57 am
Wiesen-Hart, Inc., 238 F.2d 706 (6th Cir. 1956), for example, the court upheld a registration that listed a publication date of December 9, 1953 (the date of distribution to retail customers), when the book had actually been published in August 1953 (when the books were shipped to distributors). [read post]
