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22 Jun 2022, 6:30 am by Guest Blogger
Now however he is less and less confident that “this is a sensible enterprise”; he has become convinced by reading Rorty, Bloom, Kuhn, and Fish that the reader not the text controls because language is “unavoidably ambiguous”; and that in turn means that “meaning is created rather than discovered” and as a result nothing can prevent the interpreter from doing what Richard Rorty says he will always do; beat the text into a shape that will best serve his… [read post]
21 Jun 2022, 11:30 am by Kyle Hulehan
Key Findings By driving changes to the climate, carbon emissions will impose major long-term economic costs, both here in the U.S. and around the world. [read post]
21 Jun 2022, 6:30 am by Guest Blogger
Levinson’s thesis applies with special force to the Constitution, which attempts to freeze language to control future events.[5]Yet few scholars believe the historical meaning of the Constitution can be recovered with certainty.[6]Moreover, even if such an “originalist” approach were possible, the Court does not adhere to it, but instead relies on precedent and political judgments.[7]Nonetheless, the Court’s constitutional interpretations are generally accepted… [read post]
20 Jun 2022, 4:05 pm by INFORRM
Indeed, the harms of press coverage was recognised by the court in Cliff Richard v BBC, where because of the invasion of his privacy “he [Sir Cliff] was the subject of severe stress, and … that stress far exceeded the anxiety, and perhaps some level of stress, that he would inevitably have been under”. [read post]
20 Jun 2022, 11:54 am by Howard Bashman
“Somewhere John Roberts Is Screaming Into an Expensive Pillow; How does SCOTUS even operate in this environment? [read post]
20 Jun 2022, 7:30 am by Guest Blogger
As such, Levinson positions Richard Posner, as a foil of sorts, representing the view that as disciplines, the study and practice of law and legal interpretation remain far removed from literature and similar fields of seemingly less precise methods of interpretation.[3] For many centuries, Jewish legal authorities have observed that by its nature, legal interpretation resists analogies to the exact sciences. [read post]
17 Jun 2022, 2:09 pm by admin
”[1] Faigman is correct that courts often have left unarticulated exactly what the methodology is, but he does not quite make sense when he writes that the method of differential etiology is “entirely logical,” but has no “scientific methods or principles underlying it. [read post]
17 Jun 2022, 11:55 am by Alden Abbott
If DOJ does choose to bring a Section 2 criminal case soon, would it target one of the major digital platforms? [read post]
17 Jun 2022, 7:30 am by Gus Hurwitz
But Dirk, like Oliver, does miss perhaps the most important point. [read post]
17 Jun 2022, 5:25 am by jonathanturley
It would be very convenient if Al Gore could have picked himself as the next president in 2000, very convenient if Richard Nixon could have done it in 1960. [read post]
” Cheney also praised Trump-appointed lawyers Jeff Rosen and Richard Donoghue as oath faithfuls. [read post]
16 Jun 2022, 9:05 pm by Nabil Shaikh
WHAT WE’RE READING THIS WEEK In an article in the Administrative Law Review, Richard J. [read post]
16 Jun 2022, 6:13 am by Ryan Goodman
A part of President Donald Trump’s effort to overturn the presidential election involved an effort to misuse the Electoral College in seven battleground states. [read post]
15 Jun 2022, 1:39 pm by Benjamin Wittes, Matt Gluck, Tia Sewell
There does not seem to be evidence, for example, that he ever confessed to anyone that he was aware that President Joe Biden had defeated him or acknowledged that his claims of voter fraud were garbage. [read post]
15 Jun 2022, 4:15 am by kblocher@hslf.org
  Allowing the public to handle and take selfies with tiger cubs does nothing to advance conservation or education. [read post]