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Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. [read post]
7 May 2023, 6:00 am by Lawrence Solum
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism. [read post]
16 Mar 2008, 10:41 am
Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"--actually a loosely-knit family of constitutional theories. [read post]
17 May 2022, 9:47 am by William Ford
That advice—which is considered binding on executive agencies unless overruled by the attorney general or the president—and the attorney general’s opinions together constitute, as former OLC deputy John McGinnis has put it, “the largest body of official interpretation of the Constitution and statutes outside the volumes of the federal court reporters. [read post]
15 May 2009, 7:49 am
McGinnis, 352 F.3d 382 (2d Cir. 2003), Sotomayor wrote an opinion that reversed a district court decision holding that a Muslim inmate’s First Amendment rights had not been violated because the holiday feast that he was denied was not a mandatory one in Islam. [read post]
25 Jun 2024, 10:57 am by Gus Hurwitz
” And as John McGinnis and Michael Rappaport recently argued, “Allowing each new administration to use Chevron to flip-flop interpretations of statutes permits partisans to wait for a President of their liking to deliver their party’s uncompromising position. [read post]
6 Feb 2015, 6:00 am by Bridget Crawford
Below the fold is Version 3.1 of the census of law prof Twitter users. [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]