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25 Oct 2022, 6:30 am by Guest Blogger
  Detractors, on the other hand, including his former law clerk John Hart Ely, viewed this as basically sentimental, inviting judges to impose their own views of “fairness” on the body politic. [read post]
24 Oct 2022, 6:30 am by Guest Blogger
Hart and Lord Patrick Devlin over the decriminalization of homosexual acts. [read post]
19 Oct 2022, 6:08 am by Dan Bressler
Whistleblower Case” — “A former client of Clark Partington Hart Larry Bond & Stackhouse PA has asked a federal judge to disqualify the firm from representing a commercial pilot in a whistleblower case against him over his alleged illegal monopoly control of a northwest Florida airport. [read post]
4 Oct 2022, 6:02 am by Dan Bressler
Whistleblower Case” — “A former client of Clark Partington Hart Larry Bond & Stackhouse PA has asked a federal judge to disqualify the firm from representing a commercial pilot in a whistleblower case against him over his alleged illegal monopoly control of a northwest Florida airport. [read post]
3 Oct 2022, 4:00 am by Howard Friedman
, (Law and Religion in the Commonwealth (Hart, 2022)).Robert W. [read post]
4 Sep 2022, 6:30 am by Guest Blogger
Indeed, “the Roberts Court has never ruled in favor of plaintiffs alleging that an electoral regulation violates their right to vote. [read post]
20 Jul 2022, 5:01 am by Eugene Volokh
[I'm working on a draft article called When Are Lies Constitutionally Protected? [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
  This was certainly true, for example, of previous “most important books of their generation” like Alexander Bickel’s The Least Dangerous Branch or John Hart Ely’s Democracy and Distrust, both written during Warren Court and its aftermath in what many called the Brennan Court. [read post]
6 Jul 2022, 4:55 am by Michael C. Dorf
I pay special attention to the opinion's reliance on Justice Ginsburg's 1993 Madison Lecture and John Hart Ely's post-Roe article The Wages of Crying Wolf. [read post]
5 Jul 2022, 9:01 pm by Michael C. Dorf
In today’s column, I criticize its reliance on the views of liberal scholars.In a single paragraph, Justice Alito cites John Hart Ely, Archibald Cox, Laurence Tribe, Mark Tushnet, Philip Bobbitt, and Akhil Amar for the proposition that the reasoning of Roe v. [read post]