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16 Aug 2012, 6:18 am by Cormac Early
Coverage continues of the amicus briefs filed earlier this week in Fisher v. [read post]
15 Aug 2012, 10:39 am by Adam White
Justifying (but limiting) judicial review That we think of Bickel today as a proponent of judicial restraint is somewhat ironic, given that The Least Dangerous Branch was a defense of judicial action – specifically, the Court’s then-controversial decision to end racial segregation in Brown v. [read post]
15 Aug 2012, 7:25 am by Floyd Abrams
  That the author was born in Rumania and came to the United States at age twelve speaking no English makes Bickel’s verbal felicity all the more remarkable. [read post]
15 Aug 2012, 6:43 am by Rachel Sachs
Briefly: This blog continues its symposium on the fiftieth anniversary of Alexander Bickel’s The Least Dangerous Branch with posts by Michael Seidman and Kathryn Watts. [read post]
14 Aug 2012, 1:13 pm by Kathryn Watts
  According to Bickel, the Court’s ability to decline to exercise jurisdiction otherwise given helps the Court to respond to the limits of its countermajoritarian role and institutional competence, even though it also underscores the difficulty of reconciling certiorari with Chief Justice Marshall’s statements in Marbury v. [read post]
14 Aug 2012, 6:56 am by Kiran Bhat
Yesterday the Court granted cert. in Chafin v. [read post]
22 May 2012, 7:13 am by Steve Vladeck
In light of the Supreme Court’s grant of certiorari yesterday to review the Second Circuit’s decision in Clapper v. [read post]
13 Mar 2012, 3:16 pm by Karwan Eskerie
Vejdeland and Others v Sweden (Application no. 1813/07) – Read judgment  “Will both teacher and pupils simply become the next victims of the tyranny of tolerance, heretics, whose dissent from state-imposed orthodoxy must be crushed at all costs? [read post]
12 Mar 2012, 8:13 am by Ronald Collins
Taft, Anti-Semitism in the United States (1920) Benjamin N. [read post]
31 Aug 2011, 9:12 pm by David Lat
Brewer III, name partner at Bickel & Brewer. [read post]
15 Aug 2011, 11:50 am by William Eskridge - Guest
  First, as Alexander Bickel argued, the “passive virtues” are often the best. [read post]
18 Jul 2011, 6:22 am by Ken Kersch
publication of this classic book (Foundation Press, 2001), although highly influential through its use as a classroom text at Harvard Law School, and passed around in (unpublished) manuscript form, the authors simply couldn’t bring themselves to publish this book because, anchored as it was in the structural/process liberalism of the new administrative state, it had almost nothing to say about Brown v. [read post]