Search for: "Matter of Thayer"
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13 Aug 2012, 11:44 am
Here, in part, is what he said: “Although Alexander Bickel considered himself a Frankfurter avatar and made frequent approving references to Thayer, his version of judicial self-restraint was really Brandeis’s. [read post]
15 Aug 2012, 10:39 am
And where the matter was not yet ripe for Supreme Court intervention – where national experience provided insufficient guidance, and where there remained an opportunity for further experience in the states, or in the lower courts, the Court could stay its hand. [read post]
23 Nov 2013, 3:08 pm
Functionalist approaches start from the premise that words matter less than objective. [read post]
30 Sep 2022, 4:00 am
National/Federal Brooklyn’s Library Moves to Slip Books Through Red State Bans MSN – Madina Touré (Politico) | Published: 9/24/2022 The front line of America’s culture war now runs straight through the nation’s school libraries, with conservatives in dozens of states outlawing books and instruction and the left working to shield targeted authors. [read post]
26 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumSandy Levinson I have been teaching courses on American constitutional law for almost 50 years. [read post]
15 Aug 2013, 8:10 am
(Pix (c) Larry Catá Backer 2013)In 2010, the faculty at Penn State Law approved the creation of a new concept course, to be named "Elements of Law". [read post]
17 Oct 2011, 2:22 pm
This prudence is “a virtue of decision making that brings together thoughtfulness, experience and analytical reasoning with empathy and humanity,” necessary to maintain a balance between sympathy and commitment to the client or matter at hand and loyalty to larger social and ethical imperatives.[6] By increasing the likelihood that choices are made with thoughtfulness, analysis and empathy, prudence reduces the likelihood of regret.[7] Prudence includes the analysis of all… [read post]
20 Jun 2011, 2:59 am
While scientists are scrambling to pinpoint the cause of the E. coli outbreak linked to bean and seed sprouts in northern Germany, a veteran sprouts system designer believes he has developed the technology that can produce "the perfect sprout. [read post]
6 Jul 2023, 6:30 am
The Bill of Rights, for example, was not part of the initial scheme, Jefferson and his disciples persistently argued (unsuccessfully) against making a fetish of the Constitution, and the more restrained methods of review advanced by Thayer, Holmes and Frankfurter might, in different circumstances, have gained more traction.But this is not Dawood’s point. [read post]
9 Jun 2023, 7:30 am
Buccola’s work, with Alison Buccola, provides as convincing as argument – better than, say, James Bradley Thayer’s defense of Gelpcke v. [read post]
17 Aug 2009, 10:44 am
New Massachusetts companies. [read post]
2 Jul 2013, 1:41 pm
The other day, I was blogging about tags, and somebody asked what are all the tags. [read post]
