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6 Nov 2022, 6:00 am by Lawrence Solum
Another View: Dworkin's Theory of the Common Law Ronald Dworkin has a distinctive theory of the common law. [read post]
” After discussions and negotiations, however, Manele declared that the two nations were “able to find common ground,” and the Solomon Islands signed the agreement. [read post]
26 Oct 2022, 9:01 pm by Neil H. Buchanan
There is a large middle ground within which people can make reasonable choices, just as different countries can make different decisions about economic policy without going too far.The question is: How much is too much? [read post]
25 Oct 2022, 6:30 am by Guest Blogger
  But Harlan wrote an opinion in a case involving Connecticut’s ban on contraceptives, dismissed on technical grounds, which he then incorporated into an eloquent concurring opinion in the famous case of Griswold v. [read post]
20 Oct 2022, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
17 Oct 2022, 9:01 pm by Neil H. Buchanan
It matters not to them that Republicans were more than happy to ignore increases in government debt when Donald Trump, the Bushes, and Ronald Reagan occupied the White House. [read post]
9 Oct 2022, 7:22 pm by Bill Henderson
This section discusses (a) our shallow understanding of the Cravath firm and lockstep compensation, (b) a new type of market power enjoyed by today’s super-rich firms, and (c) a new type of firm-specific capital grounded in legal expertise combined with data, process, technology, design, and business operations. [read post]
9 Oct 2022, 6:00 am by Lawrence Solum
  The beans for coffee have been ground and placed in the filter bag in the coffee maker. [read post]
27 Sep 2022, 2:10 pm by Lawrence Solum
Drawing on forms of deontological ethics, theories grounded in visions of personal sovereignty are regularly advanced. [read post]
22 Sep 2022, 9:05 am by Guest Author
This post adds to the debate about the meaning of “set aside” in 5 U.S.C. [read post]
15 Sep 2022, 1:24 pm by admin
In his view, lawyers are deluded into thinking that they can understand the relevant science, with law professors being even worse offenders.[9] Cross-examining a technical expert witness can be difficult and challenging, but lawyers on both sides of the aisle occasionally demolish the most skilled and knowledgeable expert witnesses, on substantive grounds. [read post]
15 Sep 2022, 12:10 pm by Lawrence Solum
  Here is the abstract: Ronald Dworkin’s argument from theoretical disagreement remains a pressing challenge for legal positivists. [read post]
23 Aug 2022, 4:49 am by Emma Snell
This potentially signals that Kyiv and its backers see an opportunity to retake lost grounds after weeks of grinding artillery duels along front lines. [read post]
21 Aug 2022, 6:00 am by Lawrence Solum
Viewed in this way, the point of the idea of reasoned elaboration was to provide a middle ground. [read post]
17 Aug 2022, 12:08 pm by Rebecca Tushnet
Aug. 9, 2022) The really enraging thing about this case is that it breaks no new legal ground, and illustrates exactly why FTC needs a strong mechanism to get consumer redress in a reasonable period of time. [read post]