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19 Nov 2007, 8:56 am
  When parties have to bear their own fees, they can't fund valid claims; and in cases where the loser has to pay, opportunistic plaintiffs come running and never go away. [read post]
25 Mar 2007, 6:40 pm
If we assume that the transaction has no external costs (harms to third parties), then allowing the transaction makes buyer and seller better off and hence is required by the weak Pareto principle. [read post]
7 Sep 2022, 6:30 am by Guest Blogger
I think the difference in the democratic legitimacy of presidents who gain 52% of the two-party vote and presidents who gain 48% of the two party vote is minimal. [read post]
8 Feb 2023, 5:16 am by Roger Parloff
The parties seem to agree that the key precedent at this stage is the 1961 Supreme Court ruling in Irvin v. [read post]
8 Jul 2010, 5:34 am by Brandon Bartels
Sometime before commencement of the Supreme Court’s 2009 term, Mike Sacks, a third-year law student at Georgetown University, had an idea. [read post]
27 Jul 2008, 10:36 am
  Hey, maybe he is a libertarian after all? [read post]
1 Apr 2018, 7:00 pm by Stephen Schultze
” If this means that the decision chooses a somewhat arbitrary point between two parties’ positions, that is true. [read post]
4 Jan 2008, 2:18 pm by Steve
My complaints about Paul are the same complaints that I have about the Libertarian Party. [read post]
13 Jul 2018, 4:24 am by Edith Roberts
” For The Economist, Steven Mazie observes that “Mr Kavanaugh has insisted that judges must always put party politics aside” and that “[h]is installation on the Supreme Court will test whether that is really possible. [read post]
28 May 2012, 8:01 am by Gritsforbreakfast
As a libertarian, Paul argues that commuting thousands of drug sentences is the single quickest way to make more Americans free. [read post]
22 Mar 2023, 3:59 am by jonathanturley
  It also included grants to academic and third party organizations to create blacklists or pressure advertisers to withdrew support for conservative sites. [read post]
25 Jun 2022, 5:59 am by jonathanturley
There are even fewer conservative or libertarian legal analysts with mainstream media. [read post]
21 Jan 2022, 2:44 am by Giesela Ruehl
Revealing the underlying libertarian paternalism of connecting factors requires addressing existing concerns about nudging, which is insightful for establishing the requirements of a transparent and choice-preserving design. [read post]
28 Dec 2020, 11:35 am by Ilya Somin
We will also still badly need reforms putting an end to permanent presidentially declared "national emergencies," along the lines recently proposed by Libertarian Rep. [read post]
5 Jun 2011, 7:02 pm by Adam Levitin
This explains why staunchest defenders of the current debit swipe fee system have been libertarian academics like Richard Epstein and Todd Zywicki? [read post]
8 Sep 2011, 8:44 am by Lovechilde
That's the story the President and his party need to tell. [read post]
6 Jul 2018, 8:52 am by Edward Foley
Likewise, Kennedy in 2000 wrote separately in California Democratic Party v. [read post]
4 Nov 2016, 4:39 am by Edith Roberts
” At the New Republic, Brian Beutler envisions “a full-blown crisis of one kind or another” under a Clinton presidency, “regardless of which party controls the Senate. [read post]
15 Jul 2022, 10:06 am by Ilya Somin
Under the Federal Rules of Civil Procedure, "fraud" or "misrepresentation" by an "opposing party" can constitute grounds for granting the side that lost a case relief from the court's judgment (though I am not sure whether the losing parties to the travel ban litigation can get any relief at this point, given that the policy has been lifted). [read post]