Search for: "Mark Schauer"
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22 Jun 2016, 9:59 pm
This methodology matters not only for tackling intermediary speech questions, but moreover offers an approach for academics thinking through questions of First Amendment coverage, or what Frederick Schauer describes as the right’s “scope of application. [read post]
9 Sep 2010, 10:33 am
For several generations now, the US legal culture has almost universally accepted an account of our history that goes like this: The 1870s through the 1920s was the “formalist age,” when most lawyers and judges believed that law is comprehensive, gapless, internally consistent, and logically ordered, and that judges mechanically deduce single right answers in cases. [read post]
29 May 2012, 6:53 am
Leading articles on the proper limits of the First Amendment include Fred Schauer’s The Boundaries of the First Amendment: A Preliminary Exploration of Constitutional Salience and Robert Post’s Recuperating First Amendment Doctrine. [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]
14 Jul 2011, 9:23 am
Academic freedom -- United States ACADEMIC FREEDOM AND THE LAW: A COMPARATIVE STUDY / ERIC BARENDT Oxford; Portland, Or. : Hart Pub., 2010 K3755 .B37 2010 See Catalog Affirmative action programs -- Law and legislation -- United States AFFIRMATIVE ACTION IN ANTIDISCRIMINATION LAW AND POLICY / WILLIAM M. [read post]
13 Jul 2011, 11:49 am
Academic freedom -- United States ACADEMIC FREEDOM AND THE LAW: A COMPARATIVE STUDY / ERIC BARENDT Oxford; Portland, Or. : Hart Pub., 2010 K3755 .B37 2010 See Catalog Affirmative action programs -- Law and legislation -- United States AFFIRMATIVE ACTION IN ANTIDISCRIMINATION LAW AND POLICY / WILLIAM M. [read post]
