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15 May 2023, 9:05 pm by renholding
First, if members of Congress sue the president, then the political question doctrine may well disqualify them from having standing.[17] It is also difficult to imagine who else would sue the president for paying debts rather than reneging on them.[18] Second, the president would be acting in the face of a possible national emergency, which would occur if the government debt is not paid and “financial catastrophe” results.[19] As Professor Eric Posner argued in a… [read post]
27 Nov 2012, 2:03 am by rhapsodyinbooks
OctoPOTUS, illustration by Jonathan Burton for U. of Chicago Magazine review of Posner and Vermeule’s book Eric A. [read post]
12 Dec 2006, 9:17 pm
.” The rebuttal case consists largely of claims that economic analysis has not been fruitful in many areas of law: contracts (see Eric Posner), torts, criminal law, and includes the statement that the Coase theorem “is hardly helpful to lawyers.” I admit that I found the argument about criminal law difficult to follow (it consists largely of a response to hypothetical examples of crimes that Richard Posner could have but apparently did not write and the… [read post]
23 Aug 2018, 6:22 am by Mark Graber
  We have included essays on such contemporary problem children of constitutional democracy as the United States (Eric Posner; Jennifer Hochschild), Hungary (Gabor Halmai), Turkey (Ozan Varol), Venezuela (David Landau), Israel (Yaniv Roznai), Poland (Wojciech Sadursky). [read post]
26 Dec 2022, 4:00 am by Eric Segall
I responded fully to this argument in a conversation with Judge Richard Posner here. [read post]
18 Aug 2021, 4:30 am by Eric Segall
For example, Sachs points to consequentialists, like retired Judge Richard Posner, who argue that judicial decisions should lead to the best consequences while admitting that how to figure out what that means is hard and usually contestable. [read post]
16 Sep 2022, 5:00 am by Eric Segall
By Eric SegallOn October 18, 2018, I wrote the piece below for this Blog. [read post]
11 Jan 2019, 1:30 pm
In a New York Times op-ed, Daniel Hemel and Eric Posner go further, arguing that Barr’s memo “seriously damages his credibility and raises questions about his fitness for the Justice Department’s top position. [read post]
9 Sep 2015, 11:25 am by Guest Blogger
  Jim Whitman and Eric Posner found fault in how unmeasured shaming punishments could be and how easily they could fall subject to mob control. [read post]
15 Aug 2010, 11:01 pm by R. David Donoghue
 At the Becker-Posner Blog, Becker and Posner compare the US and German responses to the recession. [read post]
27 Nov 2010, 3:43 pm by Kenneth Anderson
But whether in the national security area or the financial crisis area — I draw here on some of Eric Posner’s comments at the Stanford conference on comparisons between the two — one must take appropriate account of the dynamic social nature of the process by which one assigns activities to actors who are attractive because they have discretionary authority and the legitimacy to exercise it. [read post]
2 Sep 2011, 6:41 am by Kevin Jon Heller
My previous posts on the subject (see here and here) criticized the claim, made most notably by Eric Posner in the Wall Street Journal, that it is permissible for a state to impose a blockade in non-international armed conflict (NIAC). [read post]
24 Sep 2018, 9:30 pm by Daniel A. Farber
As Jonathan Masur and Eric Posner have argued, strong evidence indicates that long-term unemployment can have serious long-lasting effects, which is a regulatory cost that deserves more attention. [read post]
27 Feb 2020, 9:05 pm by Alana Bevan
Masur and Eric A. [read post]
5 Jun 2018, 4:11 am by Edith Roberts
” Additional commentary comes from Michael Dorf at his eponymous blog, Robert George in an op-ed for The New York Times, the editorial board of The Washington Post, Rick Hills at PrawfsBlawg, Ian Millhiser at ThinkProgress, Jennifer Rubin in an op-ed for The Washington Post, Erica Goldberg at PrawfsBlawg, Jennifer Finney Boylan in an op-ed for The New York Times, Noah Feldman in an op-ed for Bloomberg, Lisa Keen at Keen News Service, Michael Farris at National Review, Mark Joseph Stern at… [read post]
16 Apr 2012, 4:18 am by Giesela Ruehl
and the Impact of a Particular Code Design on this Question, Stefan Grundmann, Humboldt University, Berlin Harmonization, Preferences, and Convergence, Saul Levmore, University of Chicago The Questionable Basis of the Common European Sales Law: The Role of an Optional Instrument in Jurisdictional Competition, Eric Posner, University of Chicago Response, Chantal Mak, University of Amsterdam 12:00 – 1:00 Lunch 1:00 – 2:30 Panel IV: Precontractual Liability … [read post]
2 Jun 2008, 7:20 am
  Cass Sunstein and Eric Posner, for example, have argued that the developing world should pay the United States to reduce greenhouse gas (GHG) emissions in part because many developing countries are projected to suffer more devastating GCC harms than the United States, see "Climate Change Justice" (August 2007). [read post]