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16 Jan 2014, 7:21 am
Thanks to Conor McEvily and Eric White for compiling and drafting this update. [read post]
6 Jun 2023, 4:30 am
I was pleased to see the new proposed Circular A-4 acknowledge right up front that the “[r]egulatory analysis [it] describe[s] does not supplant any analytic requirements . . . set out in the statutes that authorize or require agency action. [read post]
25 Feb 2011, 6:42 pm
But if you think that's basically true, as I do, then it is hard to see the NGOs as anything other potentially influential players - contra Eric Posner's new essay pooh-poohing "lawfare" as largely imaginary - on particular issues, such as counterterrorism policy, detention, targeted killing, or other things. [read post]
12 Mar 2023, 7:00 am
Introduction The post provides a very basic introduction to the idea of "second best. [read post]
13 Sep 2010, 5:11 am
I thought I’d post the introduction of this paper below the fold. [read post]
18 Apr 2024, 5:55 am
As Eric Posner and Adrian Vermeule have argued, “legal and political transitions lie on a continuum, of which regime transitions are merely an endpoint. [read post]
21 Oct 2011, 6:35 am
Ilya Shapiro – Without reprising Jeffrey Rosen’s Sunday Times article from March 2008 and the commentary that followed it (see Eric Posner’s particularly trenchant critique in Slate and Hans Bader’s longer piece in the Cato Supreme Court Review), let me just say that the oft-repeated claim that the Roberts Court is “pro-business” is both false and beside the point. [read post]
22 Dec 2024, 6:00 am
Introduction The post provides a very basic introduction to the idea of "second best. [read post]
21 Apr 2010, 6:43 am
Smith After spending three sections taking apart a thoughtful Luigi Zingales article in City Journal, I’ve convinced myself that ’strategic’ mortgage default is a term overvalued from its name onward, but that there is clear evidence default is contagious, and if it became epidemic, extremely virulent I see the future, and it defaults Then we were thrown a curveball, in the form of a conceptual proposal, by Professor ZIngales and his colleague Eric… [read post]
30 Apr 2024, 5:51 am
” As Professors Daniel Hemel and Eric Posner observe, construing the word “whoever” to mean “whoever except the president” would do violence to the English language. [read post]
31 Oct 2023, 10:54 am
” Eric Posner, who worked on the draft merger guidelines while serving as counsel to Kanter, has suggested that the guidelines have avoided using the term “market power” because “it’s important that the agencies not commit themselves to proving price increases case by case. [read post]
4 Jun 2012, 6:19 am
If you watched Eric Schmidt’s performance at the Senate Antitrust Subcommittee hearing, David Drummond is the lawyer Schmidt conferred with before he told Senator Cornyn that he was unable to answer the Senator’s questions about the Google drug “no indictment” letter agreement “on the advice of counsel”. [read post]
14 Mar 2007, 6:45 pm
In For-Profit Charities, Eric Posner & Anup Malani suggest that we should allow for-profit entities engaging in 501(c)(3) activities to receive deductible contributions of capital and operate free from an entity-level tax. [read post]
14 Apr 2008, 4:07 am
Image by DML East Branch via Flickr There once was a blogger named May Who thought he had something to say Then he signed up to host A serial post Blawg Review one five five is today! [read post]
14 May 2019, 9:27 am
Panel One: User-generated Content, Digital Labor, and Collaborative AuthorshipModerator: Bethany RabeRebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative ExpressionTitle assigned a few months ago is a little misleading because I actually wanted to take the opportunity to talk about the Copyright Office’s recent report on moral rights, though I’m happy to talk about anything fanwork related during the panel discussion and Q&A. [read post]
27 Dec 2020, 9:06 pm
June 10, 2020 | Eric A. [read post]
26 Dec 2017, 9:30 pm
The Regulatory Review is pleased to highlight the top fifty pieces of 2017 authored by The Regulatory Review staff contributors. [read post]
17 Jun 2010, 3:41 am
It is not only our work that highlights this, but also that of people like Jim Gibson and Eric Posner and his colleagues. [read post]
13 Oct 2008, 4:01 am
And Eric Turkewitz at New York Personal Injury Law Blog says, “I’m Sorry You’re A Jerk (Lawyering 101: Professionalism)“. [read post]
19 Jul 2023, 9:05 pm
The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023,[1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation.[2] Much less attention has gone to two bills that are moving toward adoption in California. [read post]
