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22 Jun 2022, 6:30 am by Guest Blogger
Owen Fiss, Sandy Levinson, Ronald Dworkin, Stanley Fish, Gerry Graff, Walter Michaels, all of whom glance sideways at Judge Posner; each with a connection to literature and the liberal arts, each a Jew of a certain age. [read post]
16 Jun 2022, 12:10 pm by Lawrence Solum
Realists about law have also been well-represented in France (e.g., Michel Troper), Italy (e.g., Giovanni Tarello and Riccardo Guastini), Scandinavia (e.g., Alf Ross), Australia (e.g., Julius Stone) and the United States (e.g., Karl Llewellyn and Richard Posner). [read post]
3 Jun 2022, 4:30 am by Eric Segall
" In other words, even if a capital defendant claims ineffective assistance of trial counsel, and is barred from raising that claim on direct appeal (which is the case in many states because appellate and trial counsel are often the same), and then also claims ineffective assistance of counsel during his state habeas proceedings, he is still barred from claiming actual innocence based on new information in his federal habeas petition (no matter how much the evidence shows actual… [read post]
18 May 2022, 6:30 am by Mark Graber
  Neither you nor your firm have any experience litigating such matters. [read post]
16 May 2022, 6:27 pm by Jonathan M. Barnett
Conclusion The high concentration levels and certain business practices in digital-platform markets certainly raise important concerns as a matter of antitrust (as well as privacy, intellectual property, and other bodies of) law. [read post]
2 May 2022, 1:48 pm by Jonathan M. Barnett
It is the competitive process, not the fortunes of particular competitors, that matters. [read post]
8 Apr 2022, 5:50 am
Lu, and Ram Sachs, Wachtell, Lipton, Rosen & Katz, on Wednesday, April 6, 2022 Tags: Audit committee, Boards of Directors, Disclosure, Environmental disclosure, ESG, SEC, Securities regulation Statement by Commissioner Peirce on In the Matter of Lloyd D. [read post]
8 Apr 2022, 5:50 am
Lu, and Ram Sachs, Wachtell, Lipton, Rosen & Katz, on Wednesday, April 6, 2022 Tags: Audit committee, Boards of Directors, Disclosure, Environmental disclosure, ESG, SEC, Securities regulation Statement by Commissioner Peirce on In the Matter of Lloyd D. [read post]
9 Mar 2022, 6:30 am by Guest Blogger
Why not say more about authoritarianism and itsrelation with populism, and with democracy and constitutionalism for that matter? [read post]
22 Feb 2022, 7:02 am by Eric Segall
My good friend Dean Erwin Chemerinsky will no longer do Federalist  Society events either.Other than retired Judge Richard Posner, Tushnet and Chemerinsky have been my most important mentors and I regard both men fondly and warmly (and with gratitude for all they have done for my career). [read post]
18 Feb 2022, 2:22 pm by Rebecca Tushnet
Karl Llewellyn didn’t agree (nor did Posner). [read post]
4 Feb 2022, 5:53 am
McClelland, McDermott, Will & Emery LLP, on Monday, January 31, 2022 Tags: Cybersecurity, Disclosure, Internal control, Risk, Risk assessment, Risk management, Risk oversight, SEC enforcement, Securities enforcement An Economic Substance Approach to SPAC Regulation and the Implications of MultiPlan for SEC Rulemaking Posted by Harald Halbhuber (NYU), on Monday, January 31, 2022 Tags: Information asymmetries, Investor… [read post]
25 Jan 2022, 2:37 pm by Eugene Volokh
The reason why, in the words of then-Judge Posner, is because "Arbitration is a private self-help remedy. [read post]
30 Dec 2021, 9:01 pm by Austin Sarat
” But he was certainly correct in observing, simply and matter-of-factly, that “[h]is discretion is tremendous. [read post]