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15 May 2023, 9:05 pm
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]
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]
27 Nov 2012, 2:03 am
OctoPOTUS, illustration by Jonathan Burton for U. of Chicago Magazine review of Posner and Vermeule’s book Eric A. [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]
23 Aug 2018, 6:22 am
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]
19 Mar 2017, 8:57 am
Posner, Eric A. [read post]
18 Aug 2021, 4:30 am
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]
9 Sep 2015, 11:25 am
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]
26 Dec 2022, 4:00 am
I responded fully to this argument in a conversation with Judge Richard Posner here. [read post]
16 Sep 2022, 5:00 am
By Eric SegallOn October 18, 2018, I wrote the piece below for this Blog. [read post]
2 Sep 2011, 6:41 am
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]
15 Aug 2010, 11:01 pm
At the Becker-Posner Blog, Becker and Posner compare the US and German responses to the recession. [read post]
5 Jun 2018, 4:11 am
” 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]
4 Apr 2019, 12:22 pm
Hemel and Eric A. [read post]
24 Sep 2018, 9:30 pm
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 Nov 2010, 3:43 pm
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]
23 Feb 2011, 11:20 am
In a letter to Congress, AG Eric Holder elaborates on why the administration believes DOMA Section 3 is unconstitutional. [read post]
10 May 2007, 11:21 am
Posner of the University of Chicago Law School, and Professor Allen C. [read post]
23 Jan 2013, 3:30 pm
It earned criticism not just from CBA’s opponents but also from CBA practitioners like William Nordhaus and proponents like Eric Posner and Jonathan Masur. [read post]
