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26 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Robert Post Oliver Wendell Holmes, Jr., who devised the funds (symbolically) supporting the volume discussed in this symposium, lived most of his life in the shadow of his rock star father, Oliver Wendell Holmes, Sr. [read post]
29 Mar 2021, 7:06 pm
When these brave heroes raised their hands in an oath to defend this nation at all costs including their lives, our country promised to care for then when they returned. [read post]
11 Jan 2022, 5:31 am
” However, in an order issued six days after handing down the Whole Woman's Health ruling, the Supreme Court remanded the case to the Court of Appeals for the Fifth Circuit, not the district court. [read post]
9 Aug 2013, 9:07 am
Kevin Hickey, Consent, Refusal, and Fair Use Consent is irrelevant in black letter law, but consent and disapproval are not binary. [read post]
25 Apr 2022, 4:32 am
(James Grimmelmann has an excellent paper on ratings as facts, opinions, and self-fulfilling prophecies that prefigures the reasoning here.) [read post]
10 Mar 2020, 12:06 pm
But that is the sort of thing that sells well among the US's friends and an influential segment of the liberal democratic professorate (who as the blue collar workers in the Academy continue toiling to produce the sort of academic writing (and high end journalism that is increasingly indistinguishable from conventional advocacy pieces in the US academy) that might be useful to the political classes and force the hand of economic leaders). [read post]
2 Aug 2014, 9:39 am
”Director of National Intelligence James Clapper also issued a statement on the redactions:More than 85% of the Committee Report has been declassified, and half of the redactions are in footnotes. [read post]
14 Feb 2013, 10:11 pm
U.S. [read post]
25 Dec 2015, 12:08 pm
Reaching beyond specific cases to consider the underlying constitutional principles and historical context, Judge Leon went on to write: I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval… the author of the Constitution, James Madison… would be aghast. [read post]
13 Jun 2016, 5:34 am
Code § 2701, c) the equitable Clean Hands Doctrine’ and d) unidentified statutes concerning civil conspiracy.Padmanabhan v. [read post]
20 May 2024, 8:40 am
I try to emphasize throughout the book “how hard it is to engineer constitutional doctrine so that it will block the most objectionable parts of punitive prohibitionism, on the one hand, while avoiding judicial overreach and preserving worthy regulatory goals, on the other” (p. 16). [read post]
11 Mar 2024, 6:30 am
Yet, on the other hand, we might think that there is a certain disconnect between the urgency of his warning—“The British are coming, the British are coming! [read post]
24 Mar 2022, 5:00 am
This is not to say that an attorney shouldn't be passionate or should refrain from forcefully presenting her position on the case at hand. [read post]
7 Mar 2018, 10:15 am
Moreover, it’s possible that had FBI director James Comey not publicly reopened the criminal investigation of Clinton’s e-mail server days before the election, just when the Access Hollywood tape seemed to have killed Trump’s campaign, Trump would have lost. [read post]
3 Aug 2014, 11:34 am
Five days left to vote for The Appellate Gourmet(c) Blog! [read post]
30 Jul 2018, 9:30 pm
In relevant part, it read:[All inspections] shall be made subject to appeal from the decision of the inspector making such inspections to the inspector in charge located at such establishment in which such inspection so complained of is made; and from the decision of said inspector in charge as appeal shall lie directly to the Chief of the Bureau of Animal Industry of the Department of Agriculture in Washington; Provided, That the Secretary of Agriculture may, upon his own motion, at any… [read post]
6 Mar 2016, 2:51 pm
An official government finding has added credibility in at least two ways: first, such actions are limited by the First Amendment and so both require ample justification and are subject to judicial oversight; second, knowledge of specific terrorist organizations is more concentrated in government hands than in the private sector. [read post]
14 May 2025, 9:30 am
What’s more, even though African Americans were largely excluded from the practice of law in the southern states, they could find plenty of (remunerated) help from white courthouse clerks and white lawyers, including, incidentally, the notorious segregationist Senator James O. [read post]
8 Mar 2017, 11:28 am
Strictly for Goldie diggers and Gibson girls.Blood On Her Hands (1998). [read post]
23 Sep 2024, 6:30 am
On the one hand, they prove too much. [read post]
