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16 May 2009, 9:00 pm
Her speech demonstrates that she comes to these issues with a great deal of complexity, as a good legal theorist or jurist should. [read post]
15 May 2009, 12:38 pm
We always hear about those greedy personal injury attorneys that have wiped out companies, because they are not the norm. [read post]
14 May 2009, 10:04 pm
With three-quarters of the drug offenders clogging our state prisons there for nonviolent offenses -- and a disproportionate number of those young men of color -- the time has come to wage a full-scale war on the war on drugs. [read post]
14 May 2009, 6:47 am
 I have an article coming out this fall on this subject, entitled “Patenting the Curve Ball:  Business Methods and Industry Norms. [read post]
14 May 2009, 4:42 am
The law is a conservative community when it comes to its information. [read post]
13 May 2009, 4:15 am
Because everyone in the world new that if you attacked a Roman citizen, the full weight of the mightiest army in the world would come crashing about your home and head. [read post]
13 May 2009, 2:14 am
While there is no place in the practice of law for such boorish behavior, there is usually no recourse against the same, and one must be prepared to deal with such attorneys effectively in order to provide his clients with the representation they are entitled to.Fortunately, these types of attorneys are the exception and not the norm. [read post]
11 May 2009, 11:05 pm
Our view is ground level, and our understanding of how badly the law can hurt comes from holding the hands of the maimed. [read post]
11 May 2009, 6:22 am
As I've begun to go to conferences and to learn what legal academic life is all about, I'm coming to appreciate some of the manners of speech and phraseology that are part of the culture. [read post]
10 May 2009, 8:42 pm
Introduction A prior Legal Theory Lexicon post explored utilitarianism, an approach to normative moral theory that has had an enormous influence on legal thought. [read post]
9 May 2009, 6:42 am
Their work here is both innovative and meticulous, and other scholars will doubtlessly mine its insights for many years to come. [read post]
7 May 2009, 8:39 pm
  It is, as she says, a "central question" what immanent norms and ideals organize this important body of law. [read post]
7 May 2009, 9:22 am
    Of course, there is always the danger that thin-skinned or intellectually dishonest moderators might edit in order to come out better in an argument, but this risk is lessened by the fact that there are lots of blogs, and (at least in the case of law blogs) there is a fairly robust set of professional norms and reputational consequences operating in the background. [read post]
7 May 2009, 8:03 am
But the interpretation of constitutional text through case law comes with costs -- it seems to lack democratic legitimacy, and where unconnected to text and history, it has a tendency to fence out (even the well-educated) the public. [read post]
6 May 2009, 12:31 pm
And that betrayal can feel especially sharp and personal coming from someone who shares XX chromosomes. [read post]
6 May 2009, 3:22 am
Ron notes that his students seem to embody a norm of restraint when it comes to linking the corporation and faith. [read post]
5 May 2009, 11:10 pm
When Ed Meese, Alfred Regnery, Grover Norquist, Phyllis Schlafly, and Richard Viguerie join forces to come out swinging against someone, perhaps that means that they are afraid of that person. [read post]
5 May 2009, 6:21 pm
  That community, it seems to me, comes from what we do and the way we process and assess information in accordance with norms (Brad's idea of an interpretive community), not from how we live our lives outside of the law.Thus, when I read about John Yoo's use of a medicare statute in an egregious example of bad legal reasoning, I feel a sense of embarrassment and shame, even though I'm not even American. [read post]
5 May 2009, 11:15 am
That is, of course, where the $60 billion figure comes from.Moreover, any change in tax laws or enforcement will affect behavior, even if the current starting point is not at all the "right" baseline. [read post]