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20 May 2024, 8:40 am by David Pozen
What seems to me indefensible, however, is the balance we ultimately struck—in which the Constitution is routinely enlisted to undermine regulatory measures such as the ACA while putting up no resistance to criminal drug policies that are themselves criminogenic and a threat to public health. [read post]
17 Aug 2016, 6:55 am
  A subpoena without such tailoring is `equally indefensible as a search warrant would be if couched in similar terms. [read post]
31 Dec 2020, 6:30 am by ernst
  Not surprisingly, Peckham, a dissenter in Jacobson and the author of the Court’s Lochner opinion, volunteered that Chicago’s total blockade of warehouse “would seem to have been arbitrary and wholly indefensible. [read post]
11 Jun 2025, 6:30 am by Guest Blogger
For the Balkinization symposium in honor of Ken Kersch Sanford Levinson Nothing I could write could add to Roger Smith’s wonderful tribute to a truly wonderful person, Ken Kersch. [read post]
24 Oct 2017, 7:56 am by Gritsforbreakfast
Why don't you read the sub-heads in that chapter, because they're really quite alarming.Mandy: After, "Do not defend the indefensible," he also says, "Redirect the message. [read post]
12 Oct 2020, 8:05 pm by Marty Lederman
The topic of my Law of Religion class today was what government actors should or must do when their legal and religious obligations conflict with one another. [read post]
12 Oct 2006, 9:19 pm
RECENT UPDATES: 1/27/07: 'Active PD Blogs' added: Brewer Burns; The Rural Bus Route; What Life Is; Rabid Sanity; Public Pretender (number 2).ACTIVE PD BLOGSin alphabetical orderMariam at Accident Prone recently turned 27, is from Minneapolis, follows politics and culture, and is a big Twins fan. [read post]
14 Jan 2007, 11:01 pm
Welcome to theMartin Luther King, Jr. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  I think it is somewhat telling that Jennifer’s caution leads her to try to ask if there are any real defenses for what I find one of the truly indefensible features of the Constitution—the allocation in the Senate of equal voting power by states. [read post]
5 Jun 2018, 9:01 pm by Sherry F. Colb
About ten years ago, I received an email asking what I thought about abortion in animals. [read post]
14 Feb 2012, 5:40 am by David Post
(David Post) [** from Wallace Stevens, NY Law School Class of '03, The Man With the Blue Guitar -- though the original reads "for a moment final", a nice example of how much meaning can change when substituting the definite for the indefinite article] The folks over at Justia’s Verdict asked me to give them a piece summarizing the whole SOPA debate and for some reflections of a “now that the dust has settled a bit, what was that all about? [read post]
6 Apr 2013, 9:35 pm by Bill Marler
That being said, I think the NRA’s position is largely indefensible, especially for the vast majority of independent restaurant operators who are in most cases unable to absorb outbreak-related losses from a single outlet. [read post]
6 Sep 2023, 9:01 pm by Neil H. Buchanan
In the process, he absolved people of their own responsibility for making indefensible decisions, thus enabling Trumpism even as he says that he has moved on from Trump.Early in the column, Abernathy justifies his 2016 support for Trump by pointing to “his disregard for political correctness, his independence from handlers and the promise his candidacy held to blow up the conventional rules and bring about a much-needed reset. [read post]
26 Sep 2023, 4:56 am by Guest Author
In some circuits, that may be so even if the plaintiff is a new entrant in the industry or was not even born when a rule was first promulgated, and would have therefore lacked any ability to bring suit within six years.[6] As John Kendrick has explained at length, this reading is indefensible—from the time the Little Tucker Act was enacted until the present day, a “claim” or “right of action” has always been understood as “accruing” to a… [read post]
21 Jun 2010, 8:37 am by Todd Zywicki
  Given that some of the details are really quite indefensible (and in my view highly indicative of the real rent-seeking motivation behind the whole law), however, I would be interested to know at some point whether Adam’s defense extends to the details of how the price control provisions are calculated and some of the additional provisions such as the ability of retailers to override network agreements that prohibit merchants from setting maximum charge levels. [read post]
5 Nov 2018, 9:38 pm by Anthony Gaughan
In 1932, for example, Cardinal O’Connell of Boston publicly denounced Coughlin’s broadcasts as demagogic and indefensible. [read post]
12 Nov 2014, 9:06 am by Eric Goldman
By guest blogger Tyler Ochoa What does former Panamanian dictator Manuel Noriega have in common with former NFL running back Jim Brown and a host of former college athletes? [read post]