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4 Dec 2011, 2:03 pm by Lawrence Solum
Before we get into the background and complications, let's briefly state the core idea of JohnRawls's idea of public reason--the version of the idea that has been most influential in legal theory.Rawls argued that public political debate about the constitutional essentials should be conducted on the basis of public reasons. [read post]
3 Dec 2011, 9:57 pm by Lyle Denniston
   The core issue is the power of federal courts to second-guess what state legislatures do when they draw new election maps for state legislative seats, and for those in a state’s delegation in the U.S. [read post]
3 Dec 2011, 11:52 am by emagraken
In the recent case (Ornstein v. [read post]
3 Dec 2011, 9:56 am by Law Lady
Marshall does not supply rule of decision in present proceeding -- Bankruptcy Court may hear FCCPA action, but it cannot enter final judgment without parties' consent, as FCCPA action is non-core proceeding -- Discussion of effect of defendant's admission of jurisdiction -- Even if court were to relieve defendant of its consent to jurisdiction and treat proceeding as non-core proceeding without both parties' consent, court would still hear proceeding -- Exercise of… [read post]
1 Dec 2011, 4:30 pm by Benjamin Wittes
 And he cites examples of how pragmatism—in being constrained and guided by our core values, including the rule of law—actually far more effectively and sustainably can serve the public interest. [read post]
28 Nov 2011, 8:52 pm by Don Cruse
This could spell some trouble for the taxpayers in Nestle USA, Inc. v. [read post]