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1 Jun 2018, 10:21 am
For some this involves expansion of the welfare state; for others, like devotees of Richard Epstein and Randy Barnett, it could lead to the invalidation of the New Deal, but both the Federalist Society and the American Constitution Society seemingly agree that the focus of our attention should be on the judiciary and on reinforcing the view that the Constitution is just terrific and needs only correct interpretation by honorable judges. [read post]
6 Feb 2013, 4:41 am
Div. 2000); Samuel Williston, A Treatise on the Law of Contracts § 79:14 at 303-04 (Richard A. [read post]
2 Dec 2022, 10:32 am
To illustrate this futility, I will focus on an amicus brief (in support of the Court hearing the case) written by a number of all-star first amendment and originalist scholars including Michael McConnell, Richard Epstein, Mark Scarberry, Larry Alexander, Robert George, Steven Smith, and numerous other constitutional law heavyweights. [read post]
20 Jul 2018, 12:08 pm
Epstein. [read post]
28 Nov 2012, 10:55 am
Richard Epstein, in his article The Protection of “Hot News”: Putting Balganesh’s “Enduring Myth” About International News Service v. [read post]
11 Jun 2020, 1:04 pm
It is biased against intervention, either because it is excessively optimistic about the virtues of unregulated markets and excessively pessimistic about honest competent regulation (Milton Friedman, Richard Epstein), or because it regards regulation as a violation of rights (Murray Rothbard, Ayn Rand). [read post]
27 Jul 2018, 10:00 am
Epstein. [read post]
26 Jan 2012, 7:01 am
As Richard Epstein noted: People who don’t live in New York City … may recall their outrage in 2008 upon reading that New York Rep. [read post]
11 Mar 2010, 10:18 am
96, or 48%, of the 2009 AmLaw 200 law firms are now blogging. [read post]
11 Mar 2010, 10:18 am
96, or 48%, of the 2009 AmLaw 200 law firms are now blogging. [read post]
16 Jun 2009, 10:12 am
Media Matters takes particular issue with the fact that the only experts Liptak quotes in the story are Ilya Somin and Richard Epstein, both of whom signed onto an amicus brief asking the Supreme Court to review the case (it denied cert). [read post]
22 Sep 2009, 10:58 am
In theory, people like Richard Epstein should be overjoyed at this use of a common law cause of action to achieve a regulatory end. [read post]
9 Mar 2007, 12:25 pm
(My colleague Richard Epstein criticizes this here.) [read post]
11 Sep 2014, 7:56 am
Richard Epstein explains the point brilliantly in the excerpt after the break. [read post]
30 Jun 2010, 1:49 pm
As comments by such scholars as Richard Epstein (quoted by Clegg himself), and co-blogger David Bernstein demonstrate, few serious libertarian commentators deny the need for the Act back in 1964, and virtually none deny that it was at least far superior to the pre-1964 status quo. [read post]
22 Aug 2009, 10:23 am
And, like Ackerman, I see no problem with that since otherwise our constitutional order would be even more dreadful than I think it is (since Ackerman, for all of his brilliance, simply ignores the fact that our "hard-wired" structural constitution isn't really amendable to clever "workarounds" or, at least so far, similar kinds of "constitutional moments" as we saw during the New Deal.There are certainly "respectable people" in the legal academy--begin… [read post]
5 Feb 2018, 9:28 am
Tomain & Richard D. [read post]
17 May 2012, 8:30 am
Epstein Becker's Trade Secrets & Noncompetes Blog notes these decisions are rare but that they can be compelling cases if an employer can prove the former employee was violating his or her duty of loyalty. [read post]
14 Jul 2023, 6:30 am
Warrick, Richard J. [read post]
4 Oct 2010, 1:07 pm
Among the other well-known scholars who believe the mandate is unconstitutional are Richard Epstein, Michael McConnell, and Jonathan Turley. [read post]
