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7 Sep 2020, 10:04 am by Paul Rosenzweig, Vishnu Kannan
As the U.S. begins to see the light at the end of the Trumpian tunnel, it is time to begin thinking about the issue of repair. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
Stone, Sex and the Constitution (2017) Suja Thomas, The Missing American Jury (2016) Thomas G. [read post]
17 Aug 2020, 6:54 am by Eric Goldman
This does require the court to do some fancy footwork to distinguish the Rosetta Stone v. [read post]
14 Aug 2020, 1:21 pm
16th-century painting of a civil law notary, by Flemish painter Quentin MassysGlobal consensus appears to be moving steadily toward the embrace of a principle touching on  "the ethical considerations which a lawyer should take into account in the field of business and human rights when advising clients. [read post]
13 Aug 2020, 4:00 am by Administrator
Yet, even with a different institutional arrangement and a decentralization of the power to request abstract review, many European constitutional courts often find themselves at the centre of political and normative disputes, which has been well documented by scholars (see Stone 1992; Kommers 1994; Shapiro and Stone 1994; and Stone Sweet 2000). [read post]
28 Jul 2020, 4:12 pm by Josh Blackman
Second, Biskupic explains that the precise details of the majority were not set in stone. [read post]
For the purpose of giving effect to this new approach and regardless of a case’s particular setting, the Board said it would now apply its well-worn test, first set forth in Wright Line, 251 NLRB 1083 (1980), enfd. 662 F.2d 899 (1st Cir. 1981), cert. denied 455 U.S. 989 (1982), approved in NLRB v. [read post]
22 Jul 2020, 5:30 am by Robert Brammer
Sir, it is scarcely twelve years since that gentleman shocked the civilized word by announcing the birth of a government which rested on human slavery as its corner-stone. [read post]
17 Jul 2020, 9:46 am by Stephen Griffin
  Although their critics have pointed to possible deviations from this official story (including Brown), Baude and Sachs respond that our legal system has “higher-order practices” that show originalism in some form is still the founding stone of our law.For longtime passengers on the constitutional theory train, there are a number of puzzling features as to how Baude and Sachs go about making their claims.The general tenor of the way they make their argument tends to… [read post]